Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_20:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 20 (pt 1/2)
Character Range: 36613–39282

20  Criteria for registration of enterprise associations

 (1) The Commission must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:
 (a) the association:
 (i) is a genuine association of a kind referred to in section 18; and
 (ii) is an association for furthering or protecting the interests of its members; and
 (b) the association is free from control by, or improper influence from:
 (i) any employer, whether at the enterprise in question or otherwise; or
 (ii) any person or body with an interest in that enterprise; or
 (iii) any organisation, or any other association of employers or employees; and
 (c) the association has at least 50 members who are employees; and
 (d) the Commission is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Schedule and the Workplace Relations Act; and
 (e) the rules of the association make provision as required by this Schedule to be made by the rules of organisations; and
 (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and
 (g) the Commission is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and
 (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and
 (i) the registration of the association would further the objects set out in section 5 of this Schedule and section 3 of the Workplace Relations Act.

 (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the Commission may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.

Note: The Commission could conclude that the association was free from control etc. by the person if, for example, the nature of the person's interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.

 (1B) For the purposes of paragraph (1)(b), if an employer meets or will meet costs and expenses of the association, or provides or will provide services to the association, this assistance must be taken into account when considering