Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_19:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 19 (pt 1/2)
Character Range: 33114–35862

19  Criteria for registration of associations other than enterprise associations

 (1) The Commission must grant an application for registration made by an association (other than 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) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and
 (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and
 (d) in the case of an association of employees—the association has at least 50 members who are employees; and
 (e) 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
 (f) the rules of the association make provision as required by this Schedule to be made by the rules of organisations; and
 (g) 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
 (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; and
 (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:
 (i) to which the members of the association could more conveniently belong; and
 (ii) that would more effectively represent those members.

 (2) If:
 (a) there is an organisation to which the members of the association might belong; and
 (b) the members of the association could more conveniently belong to the organisation; and
 (c) the organisation would more effectively represent those members than the association would;
the requirements of paragraph (1)(j) are taken to have been met if the Commission accepts an undertaking from the association that the Commission considers appropriate to avoid demarcation disputes that might otherwise arise from an