Fair Work Commission

Which associations can apply for recognition as an RSRA?

State-registered employer associations and unions may apply to the General Manager of the Fair Work Commission for recognition as an RSRA only if:

• the association is registered under or is an organisation for the purposes of one of the following State laws:
  • Industrial Relations Act 1996 of New South Wales
  • Industrial Relations Act 1999 of Queensland
  • Industrial Relations Act 1979 of Western Australia
  • Fair Work Act 1994 of South Australia, and
• the association has no 'federal counterpart' as defined in the legislation.

How to apply

Written applications should address the above criteria and must be accompanied by:

• a copy of the current rules of the association
• a copy of the certificate of State registration
• a statement by an authorised officer of the association setting out:
  • the address of the association
  • the title of each office in the association (including any committee of management, council and executive positions); and
  • the name and address of all persons currently holding office in the association (including any committee of management, council and executive members).

The above documentation should be under cover of statutory declaration(s) attesting to the facts in the application and the authenticity of the accompanying documentation.

No formal proceedings are required to determine an application. The recognition takes effect upon it being granted by the General Manager, who will issue an instrument recording the recognition, a copy of which will be forwarded to the association.

The Commission may make orders about the right of recognised State-registered associations to represent particular groups or classes of employees.

Recognised state-registered associations

This page contains a list of state associations recognised under Schedule 2 of the Fair Work (Registered Organisations) Act 2009 as recognised state-registered associations.

Clicking the link in the Name column takes you to a document containing a copy of:

• the application for recognition by the State-registered association, and
• the instrument of recognition or registration.

The Type indicates whether the association is an employer association (E) or a union (U).

You can sort the table by name, abbreviation or organisation code by clicking on the heading at the top of the column.

Effect of recognition as an RSRA

The provisions of the Fair Work Act 2009 and also Part 3 of Chapter 4 of the Fair Work (Registered Organisations) Act 2009 (which deals with representation orders for workplace groups), apply to a RSRA in the same way as they apply in relation to a registered organisation.

Recognition does not confer on the RSRA:

• a legal identity that it would not otherwise have or
• a right to represent its members' industrial interests outside the State in relation to which it is a State-registered association.

Duration of recognition as an RSRA

The recognition of a RSRA will end:

• if the state law under which the association is registered ceases to be a prescribed law in the Fair Work (Registered Organisations) Regulations 2009
• if cancelled by the Federal Court of Australia, the Commission or the General Manager.

Cancellation of recognition as an RSRA

The General Manager may cancel recognition as an RSRA if satisfied that the association no longer exists.

The Fair Work Commission may cancel recognition as an RSRA:

• upon application by the RSRA, or
• upon application by the Minister or an interested person if satisfied that the RSRA:
  • was recognised by mistake
  • is no longer a State-registered association
  • has been found by another industrial body to have contravened a State or Territory industrial law, and that the contravention constitutes serious misconduct.

The Federal Court may cancel recognition as an RSRA if it finds certain proscribed conduct by the RSRA or by a substantial number of its members has taken place. The Court must first give the RSRA an opportunity to be heard.

List of recognised State-registered associations