Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_18c:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 18C (pt 1/2)
Character Range: 849322–852177

18C  Federally registrable enterprise associations

 (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.

 (2) An enterprise association is federally registrable if:
 (a) it is a constitutional corporation; or
 (b) the majority of its members are federal system employees; or
 (c) the employer or employers in relation to the relevant enterprise are constitutional corporations; or
 (d) the relevant enterprise operates principally within or from a Territory; or
 (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or
 (f) the relevant enterprise is engaged principally in trade or commerce among the States; or
 (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or
 (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or
 (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or
 (k) the relevant enterprise is in Victoria, and the provisions of this Schedule that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

 (3) An enterprise association is not federally registrable if it has a member who is not one of the following:
 (a) an employee performing work in the relevant enterprise;
 (b) a person specified in subsection (4) performing work in the enterprise;
 (c) an independent contractor performing work in the relevant enterprise 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:
 (i) an employee who could be characterised in one or more of the ways mentioned in paragraphs 18B(2)(a) to (d); and
 (ii) an employee who would be 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