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Industrial Relations Act 2016
sec.878General deregistration grounds
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### sec.878 General deregistration grounds
The full bench may order the deregistration of an organisation (a deregistration order ) on any of the following grounds—
achieving the objects of the Act has been prevented by—
the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or
the organisation’s continued failure to ensure its members do not contravene an instrument; or
any other conduct by the organisation or its members;
the organisation or its members have been, or are, engaging in industrial action that has, is having, or is likely, to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community;
the organisation was registered by mistake;
the organisation’s rules—
do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or
impose unreasonable conditions on a person’s continuing membership of the organisation; or
are harsh or oppressive; or
provide for the organisation to end on the happening of an event and the event has happened;
the administration of the organisation’s rules is harsh or oppressive;
a majority of the organisation’s members have agreed to its deregistration;
if the organisation is an employee organisation, it is not free from control by, or improper influence from—
an employer; or
an employer organisation; or
another entity that represents the interests of employers or has members who are employers.
s 878 amd 2022 No. 27 s 58
- (a) achieving the objects of the Act has been prevented by— (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or (iii) any other conduct by the organisation or its members;
- (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or
- (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or
- (iii) any other conduct by the organisation or its members;
- (b) the organisation or its members have been, or are, engaging in industrial action that has, is having, or is likely, to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community;
- (c) the organisation was registered by mistake;
- (d) the organisation’s rules— (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or (iii) are harsh or oppressive; or (iv) provide for the organisation to end on the happening of an event and the event has happened;
- (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or
- (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or
- (iii) are harsh or oppressive; or
- (iv) provide for the organisation to end on the happening of an event and the event has happened;
- (e) the administration of the organisation’s rules is harsh or oppressive;
- (f) a majority of the organisation’s members have agreed to its deregistration;
- (g) if the organisation is an employee organisation, it is not free from control by, or improper influence from— (i) an employer; or (ii) an employer organisation; or (iii) another entity that represents the interests of employers or has members who are employers.
- (i) an employer; or
- (ii) an employer organisation; or
- (iii) another entity that represents the interests of employers or has members who are employers.
- (i) the organisation’s or its members’ continued contravention of an order of the commission or an industrial instrument (an instrument ); or
- (ii) the organisation’s continued failure to ensure its members do not contravene an instrument; or
- (iii) any other conduct by the organisation or its members;
- (i) do not allow a person who is eligible to become a member of the organisation to join it with reasonable ease; or
- (ii) impose unreasonable conditions on a person’s continuing membership of the organisation; or
- (iii) are harsh or oppressive; or
- (iv) provide for the organisation to end on the happening of an event and the event has happened;
- (i) an employer; or
- (ii) an employer organisation; or
- (iii) another entity that represents the interests of employers or has members who are employers.