Unions and employer associations must have rules. These rules must meet the standards in the Fair Work (Registered Organisations) Act 2009 (RO Act).
On this page:
Find the rules of a current registered organisation. Go to Find a registered organisation.
Registered organisations’ rules ensure that they:
- operate effectively and are well managed
- encourage member participation
- function and are managed democratically
- are accountable to their members.
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Content of rules
The rules of registered organisations can be complex. Some rules are required by the RO Act, case law and good governance practices.
Eligibility rules
Every rule book must have an eligibility rule (section 141(1)(a)). Eligibility rules set out who can become a member of a particular employer association, union or enterprise association. The rules mostly refer to:
- the work a person does
- the industry a person works in
- the nature of the employer's business
- the location of a person.
Eligibility rules are different to the rest of the rules of the organisation. There may be objections or hearings when you change eligibility rules. It is a public process. Please see changing eligibility rules for more information.
Other rules
The rules must also provide for the following things (see section 141, section 143, section 144, section 145 and section 149 of the RO Act):
- Purposes of the organisation
- Officers
- Elections for offices
- Terms of office
- Powers and duties of the offices
- Removal of holders of offices
- Committees
- Powers and duties of the committees
- Control of committees
- The keeping of minute books by committees of management
- Membership
- Information for applicants for membership
- Register of the members
- Resignation of members under section 174 of the Registered Organisations Act
- Cessation of membership otherwise than by resignation
- Financial matters
- Development and implementation of financial policies
- Property and funds of the organisation
- Audit of the accounts
- How funds may be spent
- Conditions for loans, grants and donations
- Process
- Manner of summoning meetings
- Execution of documents
- Notifying the Commission of industrial disputes
- Alteration of rules
Not all rules are required by the RO Act. The organisation may choose to include other common rules, including:
- Dispute resolution
- Filling of casual vacancies (section 146)
- Membership agreements (section 151)
- Assets and liabilities agreements (section 152)
- Dissolution
- Any other matter (section 141)
See our checklist of proposed rules for registration under the RO Act.
Complying with rules
An organisation must comply with its rules. If you believe that your organisation has not done so, you can:
- Make a complaint to the organisation or with an officer/committee of management
- Make a whistleblower complaint to us at regorgs@fwc.gov.au
- Go to the Federal Court