Industrial organisations must have rules on certain matters which are outlined in Parts 3 and 4 of Chapter 12. Part 3 covers general content of the rules, including restrictions on content (see s623 and 624). Part 4 sets out requirements for rules governing election of officers in the organisation (this Part does not apply to organisations that are corporations). Elections are discussed briefly below. A copy of the rules of each organisation must be lodged along with registration details in the Registry (s614). These are open for inspection on payment of the fee indicated in the Schedule of the Tribunal Rules.
Under Part 5 of Chapter 12, a person who is a member of an organisation can make an application to the Industrial Commission, if he or she believes the organisation's rules do not comply with restrictions set down in s623. A member can also apply to the Commission for a direction that an office-bearer, or some person who is obliged to do certain things under the organisation's rules, perform those things, or observe the organisation's rules. If a person does not comply with the Commission's direction to perform or observe the rules, he or she can be penalised up to 40 penalty units. If necessary, financial assistance can be made available for applications under Part 5. This is an important avenue for members to ensure that their organisations are accountable.
The rules of an organisation can be amended, on approval by the Commission or the Registrar. If the Commission has declared, following an application under s646, that a rule does not comply with s623, the organisation must amend it within 3 months - if this is not done, the Commission or the Registrar may amend the rule to enforce compliance (s656).
The Commission must determine an application to amend the eligibility rules. This rule defines who may be a member of each of the registered organisations. (s662). Checklist
The list of callings represented by an organisation (s615). The Registrar can initiate the amendment of rules (see s655). Applications by organisations to amend rules may only be approved by the Registrar if they are proposed in accordance with the organisation's rules and will not contravene the restrictions set down in s623 (see s666).
Application to amend rules and the requirements of the legislation for information that must be contained in an organisations rules, for a complete new set of rules. Checklist
Checklist below outlines the required content of the application to amend rules. This checklist is just for the application – not rules. Checklist
Checklist for employer organisation that is a corporation and outlines the required content of the application to amend rules and the requirements of the legislation for information that must be contained in an organisations rules. Checklist