Statutory Rules No. 82, 2003
Compilation No. 20
Compilation date: 21 August 2024
Includes amendments: F2024L01031
Registered: 2 September 2024
About this compilation
This is a compilation of the Fair Work (Registered Organisations) Regulations 2009 that shows the text of the law as amended and in force on 21 August 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name of Regulations
5 Declaration envelope--prescribed form
6 Postal ballot--prescribed form of prepaid envelope
7 Employing authorities
8 State industrial authorities
8A Prescribing federal counterpart
9 Declarations--prescribed officers
10 Prescribed State (Ch 11, Pt 7)
11 Prescribed State Act (Ch 11, Pt 7)
12 Authorisation to make, sign or lodge documents
Division 2--Lodgement of documents with FWC etc.
13 Lodgment of documents with FWC
14 Content of notices of objections lodged with FWC
15 Service of documents
16 Publication of documents
Division 4--Other matters relating to documents
17 Sending documents
18 Supply of copies of documents
19 Supply of copies of rules (s 347)
20 Inspection of documents
Part 3--Registration and cancellation of registration (Ch 2)
Division 1--Registration (Ch 2, Pt 2)
21 Application for registration (s 18)
22 Notification of application for registration (s 18)
23 Objection to registration (s 18)
24 Hearing of application for registration (s 18)
25 Withdrawal of application for registration (s 18)
26 Applicants for Federal Court order (s 23(2)(b))
27 Application to change name of association or to alter its rules (s 25)
28 Alteration of rules--lodgment of copies (s 25)
29 Registration of associations--prescribed particulars (s 26(1))
30 Prescribed form of certificate of registration (s 26(4))
31 Issue of copy and replacement certificates (s 26(6))
32 Extract from register
Division 2--Cancellation of registration (Ch 2, Pt 3)
33 Cancellation of registration (Schedule 1, s 30(1)(a))
34 Application for cancellation of registration (s 30(1)(a))
35 Application for cancellation of registration (s 30(1)(b))
36 Cancellation of registration of defunct organisation (s 30(1)(c))
Part 4--Amalgamation and withdrawal from amalgamation (Ch 3)
Division 1--Amalgamation of organisations (Ch 3, Pt 2)
39 Application for a community of interest declaration (s 43(1))
40 Application for approval for submission of amalgamation to ballot (s 44(1))
41 Application for exemption from ballot (s 46(1))
42 Application for ballot not conducted under section 65 of the Act (s 47(1))
43 Withdrawal of applications lodged under section 43, 44, 46 or 47 of the Act
44 Submissions at amalgamation hearings--prescribed matters (s 54(3))
45 Public notification of refusal to approve the submission of an amalgamation to ballot (s 55(2))
46 Manner of making objections (s 56)
47 Prescribed persons who may make an objection (s 56(3))
48 Prescribed grounds for an objection (s 56(3))
49 Prescribed time for lodging an objection (s 57(1))
50 Service of notice of objection (s 56)
51 Statement in reply to an objection (s 56)
52 Hearing of objections (s 56)
53 Applicants to be heard before an application may be refused (s 57(2))
54 General Manager to supply copies of documents to AEC (s 50)
55 Form and publication of notice of ballot (s 58)
56 Preparation of roll of voters (s 59)
57 Inspection of roll of voters (s 59)
58 Scheme for amalgamation--electoral official to supply copies of documents on request (s 65(8))
59 Ballot not conducted under section 65 of the Act--electoral official to fix commencement and closing times, and give information and material to persons entitled to vote
61 Issuing of ballot papers--attendance voting (s 64)
62 Duplicate ballot papers--attendance voting (s 64)
63 Dispatch of ballot papers (s 65(8))
64 Duplicate ballot paper etc--postal voting (s 64(b)(vi) and 65(8))
65 Manner of voting (s 65(8))
66 Custody of ballot papers (s 64 and 65(8))
67 Scrutiny (s 64 and 65(8))
69 Post - ballot report by AEC (s 68(2))
70 Declaration of ballot (s 69)
71 Preservation of ballot papers
72 Request by member for information about ballot
73 Application for inquiry into ballot irregularity (s 69(1))
74 Hearing of inquiry into ballot irregularity (s 69(3))
75 Inspection of documents for inquiry (s 69(3))
76 Inquiry into ballot irregularity--procedure at hearing (s 69(3))
77 Inquiry into ballot irregularity--orders if ballot not completed (s 69(3))
79 Registration of amalgamated organisations (s 73(3)(a))
Division 2--Withdrawal from amalgamations (Ch 3, Pt 3)
81 Application for ballot--number of constituent members (s 94(3)(a))
82 Application for ballot--prescribed form (s 94(4))
83 Outline of proposed withdrawal--matters to be addressed (s 95(1)(c))
85 General Manager to supply copies of question (s 102(1))
86 Form and publication of notice of ballot (s 102(1))
88 Roll of voters for ballot--preparation (s 102(1))
89 Roll of voters for ballot--inspection (s 102(1))
90 Electoral official to supply copies of question (s 102(1))
91 Dispatch of ballot papers and other material (s 102(1))
93 Duplicate ballot paper (s 102(1))
94 Manner of voting (s 102(1))
95 Custody of ballot papers (s 102(1))
96 Scrutiny of ballot (s 102(1))
98 Post - ballot report by AEC (s 107)
99 Declaration of ballot (s 108)
100 Preservation of ballot papers (s 108(1))
101 Request by member for information about ballot
102 Application for inquiry into ballot irregularity (s 108(1))
103 Inquiry into ballot irregularity (s 108(3))
104 Inquiry into ballot irregularity--inspection of documents (s 108(3))
105 Inquiry into ballot irregularity--procedure at hearing (s 108(3))
106 Inquiry into ballot irregularity--orders if ballot not completed (s 108(3))
107 Application for withdrawal day (s 109)
108 Registration of constituent part (s 110)
109 Supply of copies of determination (s 109(1)(a) and (b))
110 Enterprise agreements made before withdrawal
110A Constituent part
111 Applicants for orders under subsection 131(2) of the Act--prescribed persons
Division 3--Conduct of ballots by AEC
112 Conduct of ballot (s 64 and 65)
113 Ballots conducted by AEC--no unauthorised action
114 No action for defamation in certain cases
Part 4A--Representation orders (Ch 4)
114A Representation rights of former State - registered association subject to demarcation order--transitional recognition without demarcation order and no previous order under Chapter 4 of the Act (section 138A)
114B Representation rights of former State - registered associations subject to demarcation order--no transitional recognition and no previous order under Chapter 4 of the Act (section 138A)
114C Representation rights of former State - registered associations subject to demarcation order--transitional recognition with demarcation order and no previous order under Chapter 4 of the Act (section 138A)
114CA Application of regulations 114A to 114C
114D Representation rights of former State - registered association involved in proceedings regarding representation rights in a State or Territory immediately before the reform commencement (section 138A)
114E Right to represent transferring employees--former State - registered association subject to demarcation order--transitional recognition without demarcation order
114F Right to represent transferring employees--former State - registered association subject to demarcation order--transitional recognition with demarcation order
Part 5--Rules of organisations (Ch 5)
Division 1--Rules of organisations
115 Application for exemption from requirement for postal ballot (s 144(2))
116 Prescriptions for purposes of paragraph 144(6)(b) and subsection 144(7) of the Act
117 Membership agreements--prescribed form (s 151(1))
118 Assets and liabilities agreements--prescribed form (s 152(2))
119 Hearing in relation to alterations of rules (s 156(1))
120 Hearing in relation to alteration of rules--breach of undertaking (s 157(2))
121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158(1))
122 Notification of application for consent to change of name or alteration of eligibility rules (s 158)
123 Withdrawal of application for consent to change name (s 158)
124 Change of name or alteration of eligibility rules of organisation--objections (s 158)
125 Change of name etc--hearing of application for consent (s 158)
125A Matter prescribed for alteration of eligibility rules (s 158A)
125B Manner of application to alter eligibility rules (s 158A)
125C Notice of application to alter eligibility rules (s 158A)
125D Withdrawal of application to alter eligibility rules (s 158A)
125E Notice of withdrawal of application to alter eligibility rules (s 158A)
125F Objection to application to alter eligibility rules (s 158A)
125G Hearing about application to alter eligibility rules (s 158A)
125H Correction of eligibility rules--typographical, clerical or formal error
126 Alteration of other rules of organisations (s 159(1))
Division 2--Validity and performance of rules
127 Hearing in relation to rules contravening section 142 of the Act (s 163)
Part 6--Membership of organisations (Ch 6)
128 Conscientious objection--issue of certificates (s 180(1))
129 Conscientious objection--renewal of certificates (s 180(3))
130 Conscientious objection--revocation of certificates (s 180(4))
Part 7--Democratic control (Ch 7)
Division 1--Conduct of elections--preparation and inspection
131 Preparation and inspection of voter rolls (s 182)
132 Rules for purpose of sections 193, 197 and 198 of the Act
133 Application for organisation or branch to conduct its elections for office (s 183(1))
134 Publication of notice for subsection 183(4) of the Act
135 Objections to application to conduct elections for office (s 184(1))
136 Hearing of application to conduct elections for office (s 184(2))
137 Revocation of exemption allowing an organisation or branch to conduct its elections for office (s 186(2))
138 Prescribed information for election (s 189(1))
139 Availability of post - election report (s 193)
140 Declaration of result of election (s 193)
141 Post - election report by AEC (s 197(2))
142 Adverse report on rules (s 198)
143 Application for inquiry into election (s 200)
144 Prescribed form of identity card (s 203(2)(a))
Division 2--Conduct of elections by AEC (Ch 7, Pt 2)
145 Elections conducted by AEC--no unauthorised action
146 No action for defamation in certain cases
Part 8--Records and accounts (Ch 8)
147 Prescribed records to be kept and lodged by organisations (s 230(1)(d))
148 Prescribed day for keeping copy of register (s 231(2))
149 Prescribed time to lodge information (s 233(1))
150 Prescribed officer for lodging information (s 233 and 236(1))
151 Prescribed period for notification of change to records (s 233(2))
152 Notice to be published (s 241(1))
153 Application for determination of reporting units (s 246(1)(a))
154 Determination of reporting units (s 247)
155 Application for revocation of certificate (s 249(4)(a))
156 Prescribed procedure for revoking certificate (s 249(6)(b) and (7))
157 Opportunity to be heard (s 247 and 249)
158 Keeping records (s 252(1)(a))
159 Prescribed information contained in operating report (s 254(2)(f))
159A Application for registration as an auditor
159B Practical experience in auditing
159C Cancellation and suspension of registration of person as an auditor
159D Register of auditors
160 Limit on length of written representations (s 263(5))
161 Concise report (s 265(3)(a))
162 Prescribed officer for issuing certificate (s 268(c))
163 Prescribed State Act (s 269(1)(a))
164 Preparation of general purpose financial report (s 270)
165 Prescribed circumstances (s 271(1))
166 Information to be given to members (s 272(1) and (2))
167 Evidence of membership of organisation to be supplied (s 272(1))
Part 8A--Conduct of officers and employees (Ch 9)
167A Payments made to a related party
167B Revocation of order for alternative disclosure arrangement
Part 9--Compliance and enforcement
Division 1--Civil penalties
168 Civil penalty provisions
169 Pecuniary penalty orders that the Federal Court may make
170 Other orders
171 Who may apply for an order
172 Civil proceedings after criminal proceedings
173 Criminal proceedings during civil proceedings
174 Criminal proceedings after civil proceedings
175 Evidence given in proceedings for penalty not admissible in criminal proceedings
176 Relief from liability for contravention of civil penalty provision
Division 2--Infringement notices
176AA Provisions subject to an infringement notice
Part 10--Miscellaneous (Ch 11)
Division 1--Expenses incurred in complying with a notice to attend
176C Travelling allowance
176D Accommodation allowance
176E Attendance allowance
176F Legal allowance
Division 2--Investigation of protected disclosures
176G Discretion not to investigate
176H Consent to and notice of allocation of handling of disclosure
176J Notice of investigation of disclosure
176K Suspending Part 4A investigation while conducting an investigation under another law
176L Adoption of findings
176M Completion of investigation
Division 3--Other matters
177 Authorisation to act in relation to applications or proceedings
178 Proceedings before General Manager
179 Proceedings before FWC
180 Use of previous evidence
181 General powers of General Manager
181A Delegation by General Manager to staff--prescribed class of employees
Part 11--Consequential provisions
182 Information to be provided to members or General Manager (RAO Schedule, s 272(1) (as modified by item 46 of Schedule 1 to the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 ))
Schedule 1A--Federal counterparts
Part 1--New South Wales
Part 3--Western Australia
Part 4--South Australia
Schedule 1--Transitionally recognised associations
Part 1--Representation rights of transitionally recognised associations of employees
Division 1--Orders about representation rights of transitionally recognised associations of employees--no prior order for State - registered association
1.1A Application of Division
1.2 Variation of order
1.3 Organisations and transitionally recognised association must comply with order
Division 2--Orders about representation rights of transitionally recognised associations of employees--prior order about State - registered association
1.3A Application of Division
1.5 Order may be subject to limits or alterations
1.6 Organisations and transitionally recognised association must comply with order
Division 3--Proceedings about representation rights in State or Territory immediately before reform commencement
1.6A Application of Division
1.7 Representation rights--evidence in prior proceedings
Division 4--Orders about the right of certain persons to represent transferring employees in the federal system
1.7B Organisations and transitionally recognised associations must comply with order
Part 2--Cancellation of transitional recognition
1.8 Form of application to FWC for cancellation of recognition of transitionally recognised association
1.9 Cancellation of transitional recognition by FWC--recognition by mistake
1.10 Cancellation of transitional recognition by FWC--association no longer State - registered association
Part 3--Modification of the Act for transitionally recognised associations
1.11 Application of Part
1.12 Provisions not to apply
1.13 Other criteria for recognition of transitionally recognised association--coverage rules
1.14 Change of rules not to prevent recognition
Schedule 1AA--Prescribed State laws
Schedule 2--Recognised State - registered associations
2.1 Form of application to FWC for cancellation of recognition of State - registered association
2.2 Cancellation of recognition by FWC--State - registered association recognised by mistake
2.3 Cancellation of recognition by FWC--recognised State - registered association no longer State - registered association
2.4 Cancellation of recognition by FWC--recognised State - registered association contravened State or Territory industrial law
Form 1--Certificate of registration
Form 2--Application for ballot under Part 3 of Chapter 3
Form 3--Ballot paper under Part 3 of Chapter 3
Form 4--Application for determination of day of withdrawal from amalgamated organisation
Form 5--Agreement between organisation and State union
Form 6--Agreement between organisation and State union
Form 7--Certificate of conscientious objection to membership of association
Form 8--Identity card--staff members to whom certain powers have been delegated
Schedule 4--Application, saving and transitional provisions
Part 1--Amendments resulting from Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024
1 Continued operation of these Regulations
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003 .
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.