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Fair Work (Registered Organisations) Regulations 2009
125BManner of application to alter eligibility rules (s 158A)
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#### 125B Manner of application to alter eligibility rules (s 158A)
(1) If an organisation applies to alter the eligibility rules of the organisation under section 158A of the Act, the application must:
(a) be lodged with the FWC in the form set out in the Procedural Rules or otherwise approved by the President; and
(b) be accompanied by:
(i) a copy of the rules of the organisation; and
(ii) a copy of the rules of the association to which the organisation is the federal counterpart; and
(c) set out the alteration, the reasons for the alteration and the effect of the alteration in sufficient detail to enable the General Manager to satisfy himself or herself of the matters mentioned in:
(i) paragraphs 158A(1)(a) to (d) of the Act; and
(ii) regulation 125A; and
(d) include a declaration:
(i) that the alteration was made in accordance with the rules of the organisation; and
(ii) describing the action taken under the rules of the organisation to make the alteration; and
(iii) verifying the facts stated in the application.
(2) For paragraph (1)(c), the alteration:
(a) may include:
(i) the complete text of the eligibility rules of the association; or
(ii) as much of the text of the eligibility rules of the association as deals with the extended coverage; and
(b) must include a statement that the alteration of the eligibility rules does not apply outside the State or Territory for which the association is registered.
(3) If the application is not in accordance with subregulation (1):
(a) the General Manager must tell the organisation how the application does not comply with the subregulation; and
(b) the organisation may provide further information relating to the application.
(4) An organisation that has a website must publish on the website a notice that it has lodged the application.