Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_18a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 18A
Character Range: 844187–846310

18A  Federally registrable employer associations

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

 (2) An employer is a federal system employer if the employer is:
 (a) a constitutional corporation; or
 (b) an employer in relation to 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) an employer in relation to public sector employment; or
 (d) an employer in Victoria, provided the provisions of this Schedule that would apply to the employer as a federal system employer, or to an association of which the employer is a member, fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

 (3) An association of employers is not federally registrable if it has a member who is not one of the following:
 (a) an employer;
 (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;
 (c) a person (other than an employee) who carries on business;
 (d) an officer of the association.

 (4) An association of employers is not federally registrable if:
 (a) it is only a body corporate because it is or has been registered under this Schedule (whether before or after the commencement of this subsection); and
 (b) the majority of its members are not federal system employers.