Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_151:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 151 (pt 1/2)
Character Range: 209641–212510

151  Membership agreements

 (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.

 (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement in the Industrial Registry.

Note: This subsection is a civil penalty provision (see section 305).

 (3) The agreement does not come into force unless and until the Industrial Registrar enters particulars of the agreement in the register kept under paragraph 13(1)(a).

 (4) The Industrial Registrar must not enter particulars of the agreement in that register unless he or she has been directed by the Commission to do so.

 (5) The Commission must not give such a direction to the Industrial Registrar unless the Commission is satisfied that the agreement:
 (a) is not contrary to:
 (i) any object of this Schedule or the Workplace Relations Act; or
 (ii) any subsisting order made by the Commission relating to the organisation's eligibility rules; or
 (iii) any subsisting agreement or understanding of which the Commission is aware that deals with the organisation's entitlement to represent under this Schedule, or the Workplace Relations Act, the industrial interests of a particular class or group of employees; and
 (b) was entered into only for the purpose of:
 (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or
 (ii) encouraging and facilitating an amalgamation between the organisation and another organisation of employees.

 (6) An organisation is not entitled to represent under this Schedule, or the Workplace Relations Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).

 (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person's eligibility is entered in the register kept under paragraph 230(1)(a).

 (8) If it appears to the Commission:
 (a) of its own motion; or
 (b) on application by an interested person;
that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the Commission