Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_18
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 18
Character Range: 30758–33114

18  Employer and employee associations may apply

 (1) Any of the following associations may apply for registration as an organisation:
 (a) an association of which some or all of the members are employers who are capable of being engaged in an industrial dispute and the other members (if any) are:
 (i) officers of the association; or
 (ii) persons (other than employees) who carry on business; or
 (iii) persons who, when admitted to membership, were employers and who have not resigned and whose membership has not been terminated;
 (b) an association of which some or all of the members are employees who are capable of being engaged in an industrial dispute and the other members (if any) are:
 (i) officers of the association; or
 (ii) persons specified in subsection (3); or
 (iii) independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the association;
 (c) an association (an enterprise association) of which some or all of the members are employees performing work in the same enterprise and the other members (if any) are:
 (i) officers of the association; or
 (ii) persons specified in subsection (3); or
 (iii) independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the association.

 (2) Subsection (1) does not apply in relation to an association that has members referred to in subparagraph (1)(a)(ii) or (iii), (b)(ii) or (iii) or (c)(ii) or (iii) unless the association is effectively representative of the members who are employers or employees, as the case may be.

 (3) The persons specified for the purpose of subparagraphs (1)(b)(ii) and (c)(ii) 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.

Division 2—Registration criteria