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Industrial Relations Act 2016
sec.609Additional criteria for registration as employer organisation
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### sec.609 Additional criteria for registration as employer organisation
If the application is for registration as an employer organisation, the commission must also be satisfied of the following—
the applicant has employer members;
either—
there is no organisation to which the applicant’s members might belong; or
there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;
the applicant effectively represents its employer members in a way that is consistent with the objects of this Act;
each member of the applicant who is not an employer—
is an officer of the applicant; or
was an employer on becoming a member; or
carries on a business;
the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.
Despite subsection (1) (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.
(sec.609-ssec.1) If the application is for registration as an employer organisation, the commission must also be satisfied of the following— the applicant has employer members; either— there is no organisation to which the applicant’s members might belong; or there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act; the applicant effectively represents its employer members in a way that is consistent with the objects of this Act; each member of the applicant who is not an employer— is an officer of the applicant; or was an employer on becoming a member; or carries on a business; the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.
(sec.609-ssec.2) Despite subsection (1) (e) , the commission may grant the application if satisfied special circumstances justify the applicant’s registration.
- (a) the applicant has employer members;
- (b) either— (i) there is no organisation to which the applicant’s members might belong; or (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;
- (i) there is no organisation to which the applicant’s members might belong; or
- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;
- (c) the applicant effectively represents its employer members in a way that is consistent with the objects of this Act;
- (d) each member of the applicant who is not an employer— (i) is an officer of the applicant; or (ii) was an employer on becoming a member; or (iii) carries on a business;
- (i) is an officer of the applicant; or
- (ii) was an employer on becoming a member; or
- (iii) carries on a business;
- (e) the applicant’s members have, in total, employed a monthly average of at least 20 employees in the 6 months before the application was made.
- (i) there is no organisation to which the applicant’s members might belong; or
- (ii) there is no organisation to which the members could conveniently belong that would effectively represent them in a way consistent with the objects of this Act;
- (i) is an officer of the applicant; or
- (ii) was an employer on becoming a member; or
- (iii) carries on a business;