Part 1
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Commonwealth legislation
These regulations provide the operating “instruction manual” for registered organisations under the Fair Work Act, setting rules for registration, democratic elections, financial transparency, amalgamations and enforcement. They govern how unions and employer associations run, how members access information and vote, and how breaches are investigated and penalised.
They affect registered organisations, their members and officers, and regulators (FWC, its General Manager and the AEC), ensuring accountability and member protections.
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Direct links to the current provisions in Fair Work (Registered Organisations) Regulations 2009.
These Regulations are the Fair Work (Registered Organisations) Regulations 2009.
Note: These Regulations were originally made as the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003. They were amended substantially in 2009, as a consequence of the enactment of the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(1) In these Regulations:
Act means the Fair Work (Registered Organisations) Act 2009.
authorised, in relation to a person making, signing or lodging a document with the FWC, means a person authorised in accordance with regulation 12.
demarcation dispute means a demarcation dispute within the meaning given by section 6 of the Act applied as if references in that definition to an organisation included a reference to a transitionally recognised association.
designated civil penalty provision means:
(a) a civil penalty provision (see subsection 305(2) of the Act); or
(b) a civil remedy provision within the meaning of the Fair Work Act 2009.
designated offence means an offence that is:
(a) a prescribed offence (see section 212 of the Act); or
(b) an offence that is subject to an infringement notice under section 1317DAN of the Corporations Act 2001.
Fair Work Inspector has the meaning given by section 12 of the Fair Work Act.
Full Bench has the meaning given by section 12 of the Fair Work Act.
government authority has the meaning given by subregulation 176M(3).
industrial body has the meaning given by section 12 of the Fair Work Act.
prepaid envelope means the envelope referred to as “another envelope” in:
(a) paragraph (a) of the definition of postal ballot in section 6 of Schedule 1 to the Act; and
(b) paragraphs 65(6)(b), 102(3)(b) and 188(b) of Schedule 1 to the Act.
Procedural Rules means rules made by the President of the FWC under section 609 of the Fair Work Act.
Note: Several words and expressions used in these Regulations have the meaning given by the Act. For example:
Fair Work Act
FWC
transitionally recognised association
State‑registered association
(2) A reference to a form by number is a reference to the form of that number in Schedule 3.
(1) For the definition of declaration envelope in section 6 of the Act, a declaration envelope provided to a voter by a person conducting an election or ballot must comply with the following form: (a) the declaration envelope must be a smaller envelope that fits inside a prepaid envelope without needing to be folded; (b) the declaration envelope must contain on it a removable flap or label with the following details printed on it: (i) the name and postal address of the voter; (ii) the declaration mentioned in subregulation (2); (iii) a place for the signature of the voter. (2) The declaration must state that the voter: (a) is the voter named on the envelope; and (b) has voted on the ballot paper contained in the envelope; and (c) has not voted before in this ballot. (3) To preserve the secrecy of the vote, the person conducting the election or ballot must remove the flap or label mentioned in paragraph (1)(b) from the declaration envelope before removing the ballot paper from the envelope.
For paragraph (a) of the definition of postal ballot in section 6 of the Act, and for paragraphs 65(6)(b), 102(3)(b) and 188(b) of the Act the envelope referred to as ‘another envelope’ must comply with the following form: (a) the envelope must be an outer envelope that the person conducting the election is satisfied is large enough to have a declaration envelope placed in it for return to that person; (b) the return address of the person conducting the election must be printed on the envelope.
For the definition of employing authority in section 6 of the Act, an employing authority that is prescribed for the definition of employing authority in subsection 795(6) of the Fair Work Act is prescribed.
For paragraph (c) of the definition of State industrial authority in section 6 of the Act, a State board, court, tribunal, body or official that is prescribed for paragraph (c) of the definition of prescribed state industrial authority in section 12 of the Fair Work Act is prescribed.
(1) For subsection 9A(1) of the Act, an organisation mentioned in column 3 of an item in Schedule 1A is prescribed as the federal counterpart of an association of employers or employees registered under a State or Territory industrial law mentioned in column 2 of the item.
Note: Subsection 9A(2) of the Act sets out the circumstances in which an organisation is a federal counterpart of an association of employers or employees registered under a State or Territory industrial law, if subsection 9A(1) does not apply to the association.
(2) To avoid doubt, the validity or operation of an item in Schedule 1A is not affected merely because: (a) the name of an organisation or association changes for a reason that is not associated with a change in eligibility rules or coverage; or (b) an error or misdescription is made in the name of an organisation or association.
For subsections 52(1), 104(1), 192(1) and 198(7), paragraph 233(1)(a) and subsection 236(1) of the Act, a prescribed officer of an organisation or branch is an officer of the organisation or branch, other than the secretary, who is authorised under the rules of the organisation or branch to make, sign or certify the declaration mentioned in the subsection or paragraph.
For Part 7 of Chapter 11 of the Act, South Australia is a prescribed State.
For Part 7 of Chapter 11 of the Act, the Fair Work Act 1994 (SA) is a prescribed State Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Fair Work (Registered Organisations) Regulations 2009.
Note: These Regulations were originally made as the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003. They were amended substantially in 2009, as a consequence of the enactment of the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(1) In these Regulations:
Act means the Fair Work (Registered Organisations) Act 2009.
authorised, in relation to a person making, signing or lodging a document with the FWC, means a person authorised in accordance with regulation 12.
demarcation dispute means a demarcation dispute within the meaning given by section 6 of the Act applied as if references in that definition to an organisation included a reference to a transitionally recognised association.
designated civil penalty provision means:
(a) a civil penalty provision (see subsection 305(2) of the Act); or
(b) a civil remedy provision within the meaning of the Fair Work Act 2009.
designated offence means an offence that is:
(a) a prescribed offence (see section 212 of the Act); or
(b) an offence that is subject to an infringement notice under section 1317DAN of the Corporations Act 2001.
Fair Work Inspector has the meaning given by section 12 of the Fair Work Act.
Full Bench has the meaning given by section 12 of the Fair Work Act.
government authority has the meaning given by subregulation 176M(3).
industrial body has the meaning given by section 12 of the Fair Work Act.
prepaid envelope means the envelope referred to as “another envelope” in:
(a) paragraph (a) of the definition of postal ballot in section 6 of Schedule 1 to the Act; and
(b) paragraphs 65(6)(b), 102(3)(b) and 188(b) of Schedule 1 to the Act.
Procedural Rules means rules made by the President of the FWC under section 609 of the Fair Work Act.
Note: Several words and expressions used in these Regulations have the meaning given by the Act. For example:
Fair Work Act
FWC
transitionally recognised association
State‑registered association
(2) A reference to a form by number is a reference to the form of that number in Schedule 3.
(1) For the definition of declaration envelope in section 6 of the Act, a declaration envelope provided to a voter by a person conducting an election or ballot must comply with the following form: (a) the declaration envelope must be a smaller envelope that fits inside a prepaid envelope without needing to be folded; (b) the declaration envelope must contain on it a removable flap or label with the following details printed on it: (i) the name and postal address of the voter; (ii) the declaration mentioned in subregulation (2); (iii) a place for the signature of the voter. (2) The declaration must state that the voter: (a) is the voter named on the envelope; and (b) has voted on the ballot paper contained in the envelope; and (c) has not voted before in this ballot. (3) To preserve the secrecy of the vote, the person conducting the election or ballot must remove the flap or label mentioned in paragraph (1)(b) from the declaration envelope before removing the ballot paper from the envelope.
For paragraph (a) of the definition of postal ballot in section 6 of the Act, and for paragraphs 65(6)(b), 102(3)(b) and 188(b) of the Act the envelope referred to as ‘another envelope’ must comply with the following form: (a) the envelope must be an outer envelope that the person conducting the election is satisfied is large enough to have a declaration envelope placed in it for return to that person; (b) the return address of the person conducting the election must be printed on the envelope.
For the definition of employing authority in section 6 of the Act, an employing authority that is prescribed for the definition of employing authority in subsection 795(6) of the Fair Work Act is prescribed.
For paragraph (c) of the definition of State industrial authority in section 6 of the Act, a State board, court, tribunal, body or official that is prescribed for paragraph (c) of the definition of prescribed state industrial authority in section 12 of the Fair Work Act is prescribed.
(1) For subsection 9A(1) of the Act, an organisation mentioned in column 3 of an item in Schedule 1A is prescribed as the federal counterpart of an association of employers or employees registered under a State or Territory industrial law mentioned in column 2 of the item.
Note: Subsection 9A(2) of the Act sets out the circumstances in which an organisation is a federal counterpart of an association of employers or employees registered under a State or Territory industrial law, if subsection 9A(1) does not apply to the association.
(2) To avoid doubt, the validity or operation of an item in Schedule 1A is not affected merely because: (a) the name of an organisation or association changes for a reason that is not associated with a change in eligibility rules or coverage; or (b) an error or misdescription is made in the name of an organisation or association.
For subsections 52(1), 104(1), 192(1) and 198(7), paragraph 233(1)(a) and subsection 236(1) of the Act, a prescribed officer of an organisation or branch is an officer of the organisation or branch, other than the secretary, who is authorised under the rules of the organisation or branch to make, sign or certify the declaration mentioned in the subsection or paragraph.
For Part 7 of Chapter 11 of the Act, South Australia is a prescribed State.
For Part 7 of Chapter 11 of the Act, the Fair Work Act 1994 (SA) is a prescribed State Act.
These Regulations are the Fair Work (Registered Organisations) Regulations 2009.
Note: These Regulations were originally made as the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003. They were amended substantially in 2009, as a consequence of the enactment of the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(1) In these Regulations:
Act means the Fair Work (Registered Organisations) Act 2009.
authorised, in relation to a person making, signing or lodging a document with the FWC, means a person authorised in accordance with regulation 12.
demarcation dispute means a demarcation dispute within the meaning given by section 6 of the Act applied as if references in that definition to an organisation included a reference to a transitionally recognised association.
designated civil penalty provision means:
(a) a civil penalty provision (see subsection 305(2) of the Act); or
(b) a civil remedy provision within the meaning of the Fair Work Act 2009.
designated offence means an offence that is:
(a) a prescribed offence (see section 212 of the Act); or
(b) an offence that is subject to an infringement notice under section 1317DAN of the Corporations Act 2001.
Fair Work Inspector has the meaning given by section 12 of the Fair Work Act.
Full Bench has the meaning given by section 12 of the Fair Work Act.
government authority has the meaning given by subregulation 176M(3).
industrial body has the meaning given by section 12 of the Fair Work Act.
prepaid envelope means the envelope referred to as “another envelope” in:
(a) paragraph (a) of the definition of postal ballot in section 6 of Schedule 1 to the Act; and
(b) paragraphs 65(6)(b), 102(3)(b) and 188(b) of Schedule 1 to the Act.
Procedural Rules means rules made by the President of the FWC under section 609 of the Fair Work Act.
Note: Several words and expressions used in these Regulations have the meaning given by the Act. For example:
Fair Work Act
FWC
transitionally recognised association
State‑registered association
(2) A reference to a form by number is a reference to the form of that number in Schedule 3.
(1) For the definition of declaration envelope in section 6 of the Act, a declaration envelope provided to a voter by a person conducting an election or ballot must comply with the following form: (a) the declaration envelope must be a smaller envelope that fits inside a prepaid envelope without needing to be folded; (b) the declaration envelope must contain on it a removable flap or label with the following details printed on it: (i) the name and postal address of the voter; (ii) the declaration mentioned in subregulation (2); (iii) a place for the signature of the voter. (2) The declaration must state that the voter: (a) is the voter named on the envelope; and (b) has voted on the ballot paper contained in the envelope; and (c) has not voted before in this ballot. (3) To preserve the secrecy of the vote, the person conducting the election or ballot must remove the flap or label mentioned in paragraph (1)(b) from the declaration envelope before removing the ballot paper from the envelope.
For paragraph (a) of the definition of postal ballot in section 6 of the Act, and for paragraphs 65(6)(b), 102(3)(b) and 188(b) of the Act the envelope referred to as ‘another envelope’ must comply with the following form: (a) the envelope must be an outer envelope that the person conducting the election is satisfied is large enough to have a declaration envelope placed in it for return to that person; (b) the return address of the person conducting the election must be printed on the envelope.
For the definition of employing authority in section 6 of the Act, an employing authority that is prescribed for the definition of employing authority in subsection 795(6) of the Fair Work Act is prescribed.
For paragraph (c) of the definition of State industrial authority in section 6 of the Act, a State board, court, tribunal, body or official that is prescribed for paragraph (c) of the definition of prescribed state industrial authority in section 12 of the Fair Work Act is prescribed.
(1) For subsection 9A(1) of the Act, an organisation mentioned in column 3 of an item in Schedule 1A is prescribed as the federal counterpart of an association of employers or employees registered under a State or Territory industrial law mentioned in column 2 of the item.
Note: Subsection 9A(2) of the Act sets out the circumstances in which an organisation is a federal counterpart of an association of employers or employees registered under a State or Territory industrial law, if subsection 9A(1) does not apply to the association.
(2) To avoid doubt, the validity or operation of an item in Schedule 1A is not affected merely because: (a) the name of an organisation or association changes for a reason that is not associated with a change in eligibility rules or coverage; or (b) an error or misdescription is made in the name of an organisation or association.
For subsections 52(1), 104(1), 192(1) and 198(7), paragraph 233(1)(a) and subsection 236(1) of the Act, a prescribed officer of an organisation or branch is an officer of the organisation or branch, other than the secretary, who is authorised under the rules of the organisation or branch to make, sign or certify the declaration mentioned in the subsection or paragraph.
For Part 7 of Chapter 11 of the Act, South Australia is a prescribed State.
For Part 7 of Chapter 11 of the Act, the Fair Work Act 1994 (SA) is a prescribed State Act.
(1) An officer of an association, organisation, branch, constituent part or reporting unit is authorised to make, sign or lodge any document (however described) under the Act or these Regulations if the officer is authorised to do so: (a) by the association, organisation, branch, constituent part or reporting unit; or (b) by the rules of the association, organisation, branch, constituent part or reporting unit. (2) A person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of another person if the person has the written authority of the other person. (3) An officer or person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of a company that is not an organisation if the officer or person is authorised under the seal of the company to do so. (4) A person is authorised to make, sign or lodge a document under the Act or these Regulations on behalf of a committee of management if the person is authorised to do so by the committee.
(1) Any document required under the Act or these Regulations to be lodged with the FWC may be lodged by: (a) leaving it with the General Manager; or (b) properly addressing, prepaying and posting the document; or (c) electronic means prescribed by the Procedural Rules; or (d) any means authorised in writing by the FWC. (2) An application or notice lodged with the FWC must: (a) if lodged by an organisation—be under the common seal of the organisation or be signed by a person authorised to sign the application or notice; or (b) if lodged by an association or branch—be signed by a person authorised to sign the application or notice; or (c) if lodged by a committee of management—be signed by a member of the committee of management; or (d) if jointly lodged—be signed in accordance with this subregulation by each party to the lodgment; or (e) if lodged by an individual—be signed by the individual.
A notice of objection lodged with the FWC must: (a) state the name and address of the organisation, association or person lodging the notice of objection (the objector); and (b) state the grounds of objection; and (c) set out the particulars of each ground of objection; and (d) briefly state the facts the objector relies on for each ground of objection.
(1) Every document lodged with the FWC must be endorsed with: (a) the name of the party lodging the document; and (b) an address that may be used as an address for service. (2) A document lodged by an association, organisation or person with an electronic mailing address may be endorsed with an electronic address for service. (3) A document may be served electronically on an association, organisation or person with an electronic address for service.
(1) A person who is required under the Act or these Regulations to pu
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