Document ID: chunk:federal_register_of_legislation:C2009C00283:section:7
Version: federal_register_of_legislation:C2009C00283
Segment Type: section
Provision Reference: s 7
Character Range: 8805–10769

7  Eligibility of certain building industry employees for membership of certain organizations

 (1) A reference in this section to a relevant industry is a reference to an industry in or in connection with which The Australian Building Construction Employees' and Builders Labourers' Federation was, immediately before the commencement of the Builders Labourers' Federation (Cancellation of Registration) Act 1986, registered under the Conciliation and Arbitration Act.

 (2) Where the Secretary or another executive officer of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act has consented in writing to persons who are, or are usually, employed in work of a specified kind or class, in Australia or in a specified part or parts of Australia, in a relevant industry being made eligible for membership of that organization, the regulations may declare those persons to be eligible for membership of that organization, and, where the regulations so declare, those regulations have effect according to their tenor notwithstanding anything in the rules of that organization as in force at the time when the regulations came into operation.

 (3) The making of regulations for the purposes of this section declaring persons referred to in the regulations to be eligible for membership of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act does not preclude the making of any alteration to the rules of that organization and, if an alteration so made which has been consented to under section 36 of that Act is inconsistent with the terms of the regulations, the regulations, to the extent of the inconsistency, cease to have effect.

 (4) Regulations made for the purposes of this section continue in force notwithstanding that a non‑registered association becomes registered under the Fair Work (Registered Organisations) Act.