Fair Work Commission

Becoming a registered organisation

The process for becoming a registered organisation is:

• an association lodges a formal application in the Commission, then
• the Commission advertises the fact that an application has been made and invites interested parties to object to the association’s registration, then
• the Commission determines the application.

Factors the Commission will consider in determining the application

The Commission will consider various factors, including whether:

• the association is an association of employers or employees, or an enterprise association
• the association is a genuine association
• the association would conduct itself consistent with the obligations contained in the RO Act and the Fair Work Act 2009
• the association’s rules make provision as required by the RO Act
• the association’s name is not so similar to that of an existing organisation that it would cause confusion, and
• a resolution in favour of registration as an organisation has been passed, and also

For employer or employee associations whether either:

• there is no organisation to which members of the association might belong, or

• if there is, it would not more effectively represent those members and the members would not more conveniently belong to it

although the Commission can accept an undertaking in order to avoid demarcation disputes

For enterprise associations whether:

• the association is free from control or improper influence from any employer, person or body, and
• a majority of the persons eligible to be members of the association support its registration as an organisation.

Rights & responsibilities of registered organisations

Once registered, an organisation:

• will receive a certificate of registration. The organsiation must retain the original of this certificate as it is proof of its corporate identity
• can represent its members at the Commission
• can have its elections conducted by the Australian Electoral Commission at the Commonwealth’s expense
• becomes a body corporate
• has perpetual succession
• has the power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property
• can sue or be sued in its registered name
• must have a common seal
• must have rules that comply with the RO Act
• must hold elections for its offices
• must submit annual returns and financial reports to the Commission, and
• must conduct itself such that it:
  • is representative and accountable to members
  • operates effectively
  • encourages members to participate in its affairs
  • has efficient management and high standards of accountability to its members, and
  • functions and is controlled in a democratic manner.