State-registered employer associations and unions may apply to the General Manager of the Fair Work Commission for recognition as an RSRA only if:
Note: 'federal counterpart' is defined in section 9A of the Fair Work (Registered Organisations) Act 2009 as follows:
(1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.
(2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, afederal counterpart for the association is:
(a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:
(i) substantially the same eligibility rules as the association; and
(ii) a history of integrated operation with the association; or
(b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).
Written applications should address the above criteria and must be accompanied by:
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.
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 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.
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:
The recognition of a RSRA will end:
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:
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.