Unions and employer associations must have rules before we can register them. These rules must meet the standards in the Fair Work (Registered Organisations) Act 2009 (the RO Act).
Introduction
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Content
If you are looking for the rules of an existing registered organisation, please go to Find a registered organisation.
Registered organisations (RO) must have rules that state their purpose and the conditions of membership.
The rules ensure that these groups:
- operate effectively and are well managed
- encourage member participation
- function and are managed democratically
- are accountable to their members.
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Mandatory rules
Chapter 5 of the RO Act has the requirements that organisations’ rules must meet. The rules must cover:
- Purposes of the organisation s.141(1)(a)
- Eligibility for membership s.141(1)(a)
- Powers and duties of the committees and offices s.141(1)(b)(i)
- Manner of summoning meetings s.141(1)(b)(ii)
- The keeping of minute books by committees of management s.141(i)(b)(iia)
- Removal of holders of offices s.141(1)(b)(iii)
- Control of committees s.141(1)(b)(iv)
- Execution of documents s.141(1)(b)(v)
- Notifying the Commission of industrial disputes s.141(1)(b)(vi)
- Cessation of membership otherwise than by resignation s.141(1)(b)(vii)
- Resignation of members under s.174 of the RO Act s.141(1)(b)(viii)
- Property and funds of the organisation s.141(1)(b)(ix)
- Audit of the accounts s.141(1)(b)(x)
- How funds may be spent s.141(1)(b)(xi)
- Register of the members s.141(1)(b)(xii)
- Alteration of rules s.141(1)(b)(xiii)
- Development and implementation of financial policies s.141(1)(ca)
- Information for applicants for membership s.141(1)(d)
- Elections for offices ss.143, 144
- Terms of office s.145
- Conditions for loans, grants and donations s.149
Eligibility rules
Eligibility rules set out who can become members of a particular employer association, union or enterprise union. The rules mainly refer to:
- the work a person does
- the industry a person works in
- the nature of the employer's business.
Optional rules
Not all rules are mandatory. The organisation may choose whether to include these rules:
- Eligibility for membership of independent contractors s.141(2)
- Filling of casual vacancies s.146
- Membership agreements s.151
- Assets and liabilities agreements s.152
- Any other matter s.141(3)
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