Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_18b:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 18B (pt 1/2)
Character Range: 846310–849065

18B  Federally registrable employee associations

 (1) An association of employees is federally registrable if:
 (a) it is a constitutional corporation; or
 (b) the majority of its members are federal system employees.

 (2) A person is a federal system employee if the person is:
 (a) employed by a constitutional corporation; or
 (b) employed in an enterprise that:
 (i) operates principally within or from a Territory; or
 (ii) is engaged principally in trade or commerce between Australia and a place outside Australia; or
 (iii) is engaged principally in trade or commerce among the States; or
 (iv) is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (v) is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or
 (vi) is engaged principally in banking (other than State banking not extending beyond the limits of a State); or
 (vii) is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or
 (c) employed in public sector employment; or
 (d) employed in Victoria, provided the provisions of this Schedule that would apply to the employee as a federal system employee, or to an association of which the employee is a member, fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria; or
 (e) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in one or more of the ways mentioned in paragraphs (a) to (d).

 (3) An association of employees is not federally registrable if it has a member who is not one of the following:
 (a) an employee;
 (b) a person specified in subsection (4);
 (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;
 (d) an officer of the association.

 (4) The persons specified for the purpose of paragraph (3)(b) are persons (other than employees) who:
 (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or
 (b) are employees for the purposes of the Industrial Relations Act 1999 of Queensland; or
 (c) are employees for the purposes of the Industrial Relations Act 1979 of Western Australia; or
 (d) are employees for the purposes of the Industrial and Employee Relations Act 1994 of South Australia.

 (5) An association of employees is not federally