218Criteria for registration

218 Criteria for registration

218 Criteria for registration

(1) The Industrial Registrar is to grant the application for registration if, and only if—

(a) the organisation is a genuine organisation of a kind that is capable of registration under this Chapter, and

(b) the organisation is an organisation for furthering or protecting the interests of its members, and

(c) the organisation is capable of representing its members in connection with industrial matters, and

(d) in the case of an organisation of employees—the organisation has, at the time of registration, at least 50 members who are employees, and

(e) in the case of an organisation of employers—the organisation has, at the time of registration, at least 2 members who are employers and those members employ between them at least 50 employees, and

(f) the rules of the organisation make provision as required by this Chapter to be made by the rules of such an organisation, and

(g) in the case of an organisation consisting of the members of a branch of an organisation—the branch is of sufficient importance to be registered separately, and

(h) the organisation does not have the same name as that of an organisation registered under this Chapter and does not have a name that is so similar to such a name as to be likely to cause confusion, and

(i) the name of the association is not, in the opinion of the Industrial Registrar, unsuitable to be the name of a registered organisation, and

(j) in the case of a State organisation—a majority of the members present at a general meeting of the organisation or an absolute majority of the committee of management of the organisation has passed, under the rules of the organisation, a resolution in favour of registration of the organisation, and

(k) in the case of a federal organisation—the rules of the organisation (including any parent body) confer on the organisation applying for registration a reasonable degree of autonomy in the administration and control of New South Wales assets and in the determination of questions affecting solely or principally members resident in New South Wales, and

(l) in the case of a federal organisation of employees—the application for registration of the organisation is made with the consent of each registered State organisation whose constitutional coverage extends to all or any of the class of members proposed to be covered by the federal organisation, and