Document ID: chunk:federal_register_of_legislation:C2024C00345:section:18d:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 18D (pt 1/2)
Character Range: 68963–71788

18D  Constitutional validity

Associations of employers
 (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:
 (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association's members are federal system employers;
that definition applies as if it did not include a reference to that class of employers.
 (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:
 (a) federal system employers;
 (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;
 (c) officers of the association;
then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Associations of employees
 (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:
 (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association's members are federal system employees;
the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.
 (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:
 (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association's members are federal system employees;
that definition applies as if it did not include a reference to that class of employees.
 (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:
 (a) federal system employees;
 (b) persons specified in subsection 18B(4);
 (c) officers of the association;
then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Enterprise associations
 (5) If the Parliament would only have sufficient legislative power