QueenslandIndustrial
Relations Act 1990INDUSTRIALRELATIONSREGULATION1990Reprinted as in force on 11 April
1997(includes amendments up to SL No. 78 of
1997)Reprint No. 2AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat11April1997.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
QueenslandINDUSTRIALRELATIONSREGULATION1990TABLE OF PROVISIONSSectionPagePART
1—PRELIMINARY1Short title. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .5PART 3—INDUSTRIAL ORGANISATIONSDivision 1—Registration3Application for registration . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.54Order in which
applications dealt with. . . . . . . . . . . . . . . . . . .
. . . . . . . . . .55Notification of
applications for registration . . . . . . . . . . . . . . . . . . .
. . . . . . .66Withdrawal of
application for registration . . . . . . . . . . . . . . . . . . .
. . . . . . . .67Review of
registration of small industrial organisations . . . . . . . . . .
. . . . . .68Registration of
several industrial organisations for the same calling. . .
. .69Opposition to
registration as an industrial organisation. . . . . . . . .
. . . . . . .710Application for
registration by associations—hearing of applications. . .
.7Division 2—Rules of industrial
organisations11Exemption from requirement for secret
postal ballot for electionto office . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .812Revocation of
exemption from requirement for secret postalballot for
election to office . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .813Application for change of callings,
consent to change of name oralteration of
eligibility rules of an industrial organisation . . . . . . . . . .
. . . .914Notification of
application for change of callings, consent tochange name or
alteration of eligibility rules of an industrialorganisation. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .1015Objection to
change of callings, change of name or alteration ofeligibility rules of industrial
organisation. . . . . . . . . . . . . . . . . . . . . .
. . . . .10
s15s4Industrial Relations Regulation 1990INDUSTRIAL RELATIONS REGULATION 1990[as
amended by all amendments that commenced on or before 11 April
1997]†PART 1—PRELIMINARY˙Short
title1.These regulations may be cited as
theIndustrial Relations Regulation1990.†PART
3—INDUSTRIAL ORGANISATIONS†Division
1—Registration˙Application for registration3.(1)An application
by an association for registration as an industrialorganisation must be lodged in the Industrial
Registrar’s Office.(2)Each document required under section
328(3) or (4) of the Act toaccompany an
application must be signed and dated by the president and
thesecretary of the association at the time they
sign the application form.(3)The association
may lodge a statement in support of the applicationwhen
the documents required by the Act are lodged.˙Order
in which applications dealt with4.Applications for registration as an
industrial organisation must be dealtwith, as far as
is practicable, in the order in which they are lodged in theIndustrial Registrar’s Office.
s56s8Industrial Relations Regulation 1990˙Notification of applications for
registration5.(1)Forthepurposesofsection328(1)oftheAct,thenoticeofanapplication for registration as an
industrial organisation is to be published inthe form
determined from time to time by the Industrial Registrar and at
theapplicant’s cost—(a)in a
newspaper circulating generally throughout the State; and(b)if the Industrial Registrar so
directs, in the Industrial Gazette.(2)The
applicant must lodge in the Industrial Registrar’s Office
within7daysofthedateofpublicationacopyofthenewspaperinwhichthenotice is published, and must serve a copy of
the notice on each industrialorganisation
whose callings include the callings of the members or to
whichthe eligibility rules of the proposed
industrial organisation relate as soon asis practicable
after its publication.˙Withdrawal of
application for registration6.An
application for registration as an industrial organisation may
bewithdrawn at any time before the application
is determined by the IndustrialCommission.˙Review
of registration of small industrial organisations7.If the Industrial Commission is
considering under section 330 of theActthejustificationforthecontinuedregistrationofasmallindustrialorganisation,theCommissionistogivetheindustrialorganisationanopportunity—(a)tomakewrittensubmissionsonanyofthematterstobeconsidered by the Commission;(b)to present oral arguments in support
of any written submission.˙Registration of
several industrial organisations for the same calling8.An industrial organisation given
notice under section 331(4) of the Actis entitled to be
heard in opposition to an application for registration for acalling for which the industrial organisation
is already registered, if within7 days of receipt
of the notice—
s
97s 10Industrial
Relations Regulation 1990(a)it lodges in the
Industrial Registrar’s Office a notice of oppositionin
the form provided for by the rules of court; and(b)itservesacopyofthenoticeofoppositionontheassociationwhich has
applied for registration.˙Opposition to
registration as an industrial organisation9.(1)Forthepurposesofsection333(1)oftheAct,anoticeofopposition to an application for registration
as an industrial organisation isto be in the form
provided for by the rules of court and must be lodged inthe
Industrial Registrar’s Office not later than 35 days after
publication inaccordance with section 5 of the notice of
the application.(2)An objector is to be restricted to the
grounds specified in the noticeunlesstheIndustrialCommission,onapplicationmadeandforreasonsshown
by the objector, otherwise permits.(3)Theobjectormustserveacopyofthenoticeontheassociationapplying for
registration not later than 7 days after the notice is lodged in
theIndustrial Registrar’s Office.(4)An association—(a)may,unlesstheIndustrialCommissionotherwisedirects,notlaterthan14daysafterserviceonitofacopyofanoticeofopposition, lodge in the Industrial
Registrar’s Office, in answer tothe opposition,
a written statement setting out the facts and issuesrelied on and signed by an officer of the
association authorised tosign the statement; and(b)must,ifitlodgesawrittenstatement,serveacopyofthatstatement on the
objector not later than 7 days after lodging it inthe
Industrial Registrar’s Office.(5)For
the purposes of section 333(2)(b) of the Act, notice of the
hearingof objections is to be given to each objector
not less than 7 days before thedate fixed for
the hearing.˙Application for registration by
associations—hearing of applications10.TheIndustrialCommissionindealingwithanapplicationforregistration made by an association under
section 328 of the Act is not to—
s
118s 12Industrial
Relations Regulation 1990(a)refuse to grant
it without giving the applicant an opportunity to beheard; or(b)grantitwithoutgivinganyobjectorwhohascompliedwithsection 9 an opportunity to be heard.†Division 2—Rules of industrial
organisations˙Exemption from requirement for secret
postal ballot for election tooffice11.Inadditiontotherequirementsofsection340(2)oftheActanapplication for an exemption from
section 340(1) of the Act must state thegrounds upon
which the exemption is sought.˙Revocation of exemption from requirement for
secret postal ballot forelection to office12.(1)Anapplicationbyanindustrialorganisationundersection 340(6)(a) of the Act for revocation
of an exemption must state thegrounds on which
the revocation is sought.(2)For the purpose
of giving an industrial organisation the opportunity toshow
cause why an exemption granted to the industrial organisation
shouldnotberevokedinaccordancewithsection340(6)(b)oftheAct,theIndustrial Registrar must cause the
industrial organisation to be given, notless than 7 days
before the time fixed, a notice in writing—(a)containing particulars of the time and place
at which the industrialorganisation may show cause;
and(b)statingtheIndustrialRegistrar’sreasonsfortheproposedrevocation; and(c)notifying the industrial organisation of its
right to be heard and tomake submissions to show cause why the
exemption granted tothe industrial organisation should not
be revoked.(3)For the purposes of subsection (2)(c),
the industrial organisation maymake submissions
to the Industrial Registrar by—(a)lodging in the Industrial Registrar’s
Office, not less than 2 days
s
139s 13Industrial
Relations Regulation 1990beforethedayfixedforthehearing,writtensubmissionsinrelation to the proposed revocation;
or(b)appearingatthehearingandmakingoralsubmissionstotheIndustrial Registrar;or
both.(4)For the purposes of giving an
industrial organisation an opportunityto be heard in
relation to a proposal by the Industrial Registrar to
determinealterationsoftherulesoftheindustrialorganisationinaccordancewithsection 340(7) of the Act, the Industrial
Registrar is to cause the industrialorganisation to
be given, not less than 7 days before the time fixed, a
noticein writing—(a)containingparticulars,ofthetimeandplaceatwhichtheIndustrial Registrar is to determine the
proposed alterations; and(b)stating that in
relation to the revocation of an exemption granted toanindustrialorganisation,onagroundspecifiedinsection 340(6)(b) of the Act, the
Industrial Registrar proposes todetermine
certain specified alterations of the rules of the industrialorganisationasbeingnecessarytobringthemintoconformitywith section
340(1) of the Act; and(c)notifying the
industrial organisation of its right to be heard and tomake
submissions in relation to the proposed determination.(5)For the purposes of subsection (4)(c),
the industrial organisation maymake submissions
to the Industrial Registrar by—(a)lodging in the Industrial Registrar’s
Office, not less than 2 daysbeforethedayfixedforthehearing,writtensubmissionsinrelation to the proposed determination;
or(b)appearingatthehearingandmakingoralsubmissionstotheIndustrial Registrar;or
both.˙Application for change of callings,
consent to change of name oralteration of
eligibility rules of an industrial organisation13.(1)An
application by an industrial organisation—
s
1410s 15Industrial
Relations Regulation 1990(a)for an
alteration in the calling or callings in respect of which
theindustrial organisation is registered;
or(b)for consent to a change of name or an
alteration of the eligibilityrules of the
industrial organisation;is to be made in the form provided for
by the rules of court and is to belodged in the
Industrial Registrar’s Office.(2)Applications under subsection (1) are to be
dealt with, as far as ispracticable,intheorderinwhichtheyarelodgedintheIndustrialRegistrar’s
Office.˙Notification of application for change
of callings, consent to changename or alteration
of eligibility rules of an industrial organisation14.(1)If an industrial
organisation makes application under section 332oftheActforachangeofcallingsorundersection345oftheActforconsent to a
change of name or alteration of its eligibility rules, the
industrialorganisationistocausetobepublishedanoticeofthemakingoftheapplicationintheformdeterminedfromtimetotimebytheIndustrialRegistrar and at
the applicant’s cost—(a)in a newspaper
circulating generally throughout the State; and(b)if
the Industrial Registrar so directs, in the Industrial
Gazette.(2)The applicant must lodge in the
Industrial Registrar’s Office within7 days of the
date of publication, a copy of the newspaper in which thenotice is published, and must forward a copy
of the notice to each industrialorganisation
whose callings include the callings of the members or to
whichtheeligibilityrulesoftheindustrialorganisationapplyassoonasispracticable after its
publication.˙Objection to change of callings, change
of name or alteration ofeligibility rules of industrial
organisation15.(1)Anypersonhavingaproperinterestinanapplicationbyanindustrial organisation for a change of
callings, change of name or alterationof eligibility
rules may, not later than 35 days after a notice of the making
ofanapplicationundersection332or345oftheActhasbeenpublished,lodge in the
Industrial Registrar’s Office a notice of objection in the
form
s
1611s 16Industrial
Relations Regulation 1990provided for by the rules of court to
the change of calling, change of nameor the alteration
of the eligibility rules, to which the original applicationrelates.(2)An
objector is restricted to the grounds specified in the notice
unlessthe Industrial Commission, on application
made and for reasons shown bythe objector,
otherwise permits.(3)Theobjectoristoserveacopyofthenoticeontheindustrialorganisation that
lodged the application to which the objection relates within7
days after the notice is lodged in the Industrial Registrar’s
Office.(4)An industrial organisation—(a)may,unlesstheIndustrialCommissionotherwisedirects,notlaterthan14daysafterserviceonitacopyofanoticeofobjection, lodge in the Industrial
Registrar’s Office, in answer tothe objection, a
written statement setting out the facts and issuesrelied on and signed by an officer of the
industrial organisationauthorised to sign the statement;
and(b)must,ifitlodgesawrittenstatement,serveacopyofthatstatement on the
objector not later than 7 days after lodging it inthe
Industrial Registrar’s Office.˙Hearing of application for change of
callings, consent to change ofname or alteration
to eligibility rules of industrial organisation16.TheIndustrialCommissionindealingwithanapplicationmadeunder
section 332 or 345 of the Act is not to—(a)refuse to grant it without giving the
applicant an opportunity to beheard; or(b)grantitwithoutgivinganyobjectorwhohascompliedwithsection 15 an opportunity to be
heard.
s
1712s 19Industrial
Relations Regulation 1990†Division
3—Request to Industrial Registrar for conduct of elections˙When request to Industrial Registrar
for conduct of elections may bemade17.ArequesttotheIndustrialRegistrarfortheconduct,undersection376oftheAct,ofanelectionforanofficeinanindustrialorganisation or
branch is to be made not earlier than 1 month or later than3
months after the last day on which a person may become a candidate
atthe election.˙Unauthorised action in conduct of
ballot18.Aperson,otherthanthepersonconductinganelectionballotoramalgamation ballot, must not do, or
purport to do, any act in the conductof the ballot
unless authorised by the person conducting the ballot.Maximum penalty—20 penalty units.†Division 4—Elections for office˙Application for industrial organisation
or branch to conduct itselections19.(1)An
application under section 352(1) of the Act for an exemptionfrom
section 351(1) of the Act must—(a)beinwritingsignedbyamemberofthecommitteeofmanagement; and(b)state the grounds on which the exemption is
sought.(2)For the purposes of section 352(2)(b)
of the Act, a member of anindustrial organisation or branch is
notified of the making of a resolution—(a)if
the member is furnished with a copy of the resolution; or(b)if the industrial organisation or
branch publishes a journal that iscirculated among
its members—if a notice of the making of theresolution is
published in the journal.
s
2013s 22Industrial
Relations Regulation 1990˙Publication of
notice for purposes of s 352(4) of the Act20.(1)Anoticeundersection352(4)oftheAct,inrelationtoanapplicationforanindustrialorganisationtobeexemptedfromsection 351(1) of the Act, must be
published—(a)in a newspaper or newspapers
circulating generally throughoutthe State;
and(b)inanyothernewspaperorpublicationthat,intheIndustrialRegistrar’sopinion,appearstobeappropriateinthecircumstances.(2)Thenoticemustbepublishednotlaterthan21daysaftertheapplication is filed in the Industrial
Registrar’s Office.˙Objections to application to conduct
elections21.(1)An objection
under section 353(1) of the Act to an applicationunder
section 352(1) of the Act may be made by filing in the
IndustrialRegistrar’s Office, not later than 28 days
after the publication of the noticeunder section
352(4) of the Act—(a)a written notice of objection stating
the grounds for objecting tothe application;
and(b)a written statement signed by the
objector setting out the facts onwhich the
objector relies to support the objection.(2)Not
later than 7 days after a notice of objection to an application
isfiledintheIndustrialRegistrar’sOffice,theobjectormustserveontheapplicant a copy of—(a)the notice; and(b)the
written statement accompanying it.˙Answer
to objections22.An applicant—(a)may,
within 14 days after service on the applicant of a notice ofobjectionundersection21(2),fileintheIndustrialRegistrar’sOffice in answer
to the objection a written statement signed by a
s
2314s 24Industrial
Relations Regulation 1990memberofthecommitteeofmanagementmakingtheapplication; and(b)must
serve a copy of the statement on the objector within 7 daysafter the written statement has been
filed.˙Hearing of application to conduct
elections23.(1)The Industrial
Registrar must—(a)fix a time and place for hearing the
application and any objection;and(b)cause the applicant and any objector
to be notified of the time andplace
fixed.(2)At the hearing, the Industrial
Registrar must hear the applicant andany objector if
they are present and desire to be heard and must decide thematter.(3)The
Industrial Registrar may permit the applicant and any objector
tocall oral evidence.˙Revocation of exemption allowing an
industrial organisation orbranch to conduct its elections24.(1)An application
by the committee of management of an industrialorganisation or
branch under section 354(2)(a) of the Act for revocation ofan
exemption must—(a)be in writing; and(b)be
accompanied by a written statement signed by a member ofthecommitteeofmanagementstatingthatthecommitteeofmanagement has resolved to make the
application.(2)For the purposes of section
354(2)(b)(ii) of the Act, the IndustrialRegistrarmustgivethecommitteeofmanagementoftheindustrialorganisationorbranchanopportunitytoshowcausewhyanexemptiongranted to the organisation or branch should
not be revoked by—(a)fixing a time and place at which the
committee may show cause;and
s
2515s 25Industrial
Relations Regulation 1990(b)giving the
committee written notice of the time and place fixedandastatementoftheregistrar’sreasonsfortheproposedrevocation.˙Prescribed information in relation to
election—s 355 of the Act25.(1)Forthepurposesofsection355(1)oftheAct,thefollowinginformation is
prescribed information—(a)the name of each
office for which an election is required;(b)the
reason for the election, being—(i)that
the term of the office has expired; or(ii)that
there is a casual vacancy in the office;(c)the
number of offices and, if applicable, the membership figuresused
in calculating the number of offices, if—(i)more
than 1 office for which an election is required has thesame
name; and(ii)the number of
the offices can, under the rules of the relevantindustrial organisation or branch, be
ascertained before theprescribed day;(d)if
the electorate comprises only members of a branch, section
orotherdivisionofanindustrialorganisation—thenameofthebranch, section
or division;(e)the day and time of the start and end
of the period during whichnominations of candidates for the
election will be called for, ormay be made,
under the rules of the industrial organisation orbranch;(f)the
voting system to be employed in the conduct of the election,being—(i)a
direct voting system; or(ii)a collegiate
electoral system.(2)Theprescribedinformationmustbeaccompaniedbyastatementsignedbyanofficeroftheindustrialorganisationorbranchfilingtheinformationwhoisauthorisedbytheorganisationorbranchtosignthe
s
2616s 27Industrial
Relations Regulation 1990statement stating that the information
is being filed under section 355(1) ofthe Act.(3)For the purposes of section 355(1) of
the Act, the prescribed day isthe day occurring
2 months before the first day on which a person may,under
the rules of the industrial organisation or branch, become a
candidatein an election.†Division 5—Amalgamation of industrial
organisations˙Interpretation26.(1)In
this Division—“applicant”, in relation to
a proposed amalgamation, means an industrialorganisationorassociationthatisapartytoanapplicationundersection 398 of the Act.“ballot”means a ballot mentioned in Division 9 of
Part 14 of the Act.“inquiry”meansaninquiryundersection422oftheActintoallegedirregularities in relation to a
ballot.“multiple ballot paper”means a ballot
paper that, under section 419(3) ofthe Act, is to
be used for 2 or more ballots.“scrutineer”means a person
appointed as scrutineer under section 58(2) orallowed to be a
scrutineer under section 58(4).(2)A
reference in this Division to a document (however described)
beingsigned by an authorised officer of a body is
a reference to the documentbeing signed by
an officer of the body who is authorised by the body tosign
the document.(3)A reference in this Division to a
ballot paper includes a reference to amultiple ballot
paper.˙Federations27.(1)An
application under section 392(1) of the Act must—(a)be made in form 2 of the rules of
court; and(b)be accompanied by a copy of the
proposed rules, or the proposed
s
2717s 27Industrial
Relations Regulation 1990agreement relating to the powers and
functions, of the proposedfederation for which the application
is filed.(2)Forthepurposesofsection392(2)(b)oftheAct,thefollowingparticulars are
prescribed in relation to an application for recognition as
afederation—(a)the
name of the proposed federation;(b)the
names of its constituent industrial organisations;(c)its postal address or address for
service;(d)the names of its proposed
officers.(3)For the purposes of section 392(3) of
the Act, the period of 3 years isprescribed.(4)For
the purposes of section 392(4) of the Act, the following
detailsare prescribed—(a)the
federation’s name;(b)the names of its constituent
industrial organisations.(5)If, in
accordance with section 392(7) of the Act, a federation varies
itscomposition, the Industrial Registrar must
enter particulars of the variationin the register
maintained under section 80(1)(b) of the Act.(6)Forthepurposesofsection392(8)(b)oftheAct,theperiodof3
years is prescribed.(7)Forthepurposesofsection392(8)(c)oftheAct,thefollowingpersons are
prescribed—(a)the Minister;(b)apersonorindustrialorganisationinterestedinmakingtherelevant application under that
paragraph.(8)If, after a federation has become
registered under section 392 of theAct, there is a
change in—(a)a particular in relation to the
federation of a kind mentioned insubsection (2);
or(b)the federation’s rules; or(c)the agreement relating to the
federation’s powers and functions;
s
2818s 29Industrial
Relations Regulation 1990the federation must give a statement to
the Industrial Registrar setting outfull particulars
of the change within 28 days of the change.(9)A
federation that fails, without reasonable excuse, to file a
statementin compliance with subsection (8) commits an
offence.Maximum penalty—20 penalty units.˙Application for a community of interest
declaration28.An application under section 397(1) of
the Act must—(a)specify the grounds on which it is
made; and(b)be signed by an authorised officer of
each industrial organisationfiling
it.˙Application for approval for submission
of amalgamation to ballot29.(1)An application
under section 398(1) of the Act must—(a)specify 1 of the applicants as the applicant
authorised to receive,on behalf of the applicants, service
of—(i)documentsinrelationtotheapplicationorproposedamalgamation;
and(ii)documentsinrelationtoeachproposedalternativeamalgamation;
and(b)be signed by an authorised officer of
each applicant filing it; and(c)be
accompanied by a copy, signed by an authorised officer of
theapplicantwhosecommitteeofmanagementpassedit,ofeachresolution under section 396(1) of the Act
relating to the proposedamalgamation.(2)Service of a document mentioned in
subsection (1)(a)(i) or (ii) on theapplicantspecifiedforthepurposesofsubsection(1)(a)istakentobeservice on each of the
applicants.(3)If the proposed amalgamation to which
the application relates, or anyalternativeprovisionoftheproposedamalgamation,involvestheregistration of an association as an
industrial organisation, there must befiledwiththeapplicationcopiesofthedocumentsmentionedin
s
3019s 32Industrial
Relations Regulation 1990subsection (4).(4)Forthepurposesofsubsection(3),thedocumentsaredocumentsrelatingtotheassociationthataredocumentsofakindmentionedinrules 42.1 and 42.2 and forms 23 and 24
of the rules of court.(5)A copy of a
document mentioned in subsection (3) must be signedby an
authorised officer of the industrial organisation or association
filing it.˙Application for exemption from
ballot30.An application under section 400(1) of
the Act must—(a)specify the grounds on which it is
made; and(b)be signed by an authorised officer of
the industrial organisationfiling
it.˙Application for ballot not conducted
under s 419 of the Act31.An application
under section 401(1) of the Act must—(a)set
out, or be accompanied by, a proposal that—(i)is
of the kind mentioned in that subsection; and(ii)complies with section 418(b) of the Act;
and(b)be signed by an authorised officer of
the industrial organisationfiling
it.˙Withdrawal of applications filed under
s 397, 398, 400 or 401 of theAct32.(1)A party to an
application under section 397(1) or 398(1) of the Actmay
file in the Industrial Registrar’s Office a notice of withdrawal
from theapplication.(2)The
parties to an application under section 397(1) or 398(1) of
theActmayjointlyfileintheIndustrialRegistrar’sOfficeanoticeofwithdrawal of the application.(3)The applicant under section 400(1) or
401(1) of the Act may file inthe Industrial
Registrar’s Office a notice of withdrawal of the
application.
s
3320s 34Industrial
Relations Regulation 1990(4)A party or
applicant that files a notice of withdrawal must file withthenoticeastatement,signedbyanauthorisedofficerofthepartyorapplicant,statingthatthecommitteeofmanagementofthepartyorapplicant has passed a resolution approving
the proposed withdrawal.(5)If a notice is
filed under subsection (1), the Industrial Registrar musttake
the steps that the registrar thinks necessary to ensure that the
notice isbroughttotheattentionoftheindustrialorganisations,associationsandpersons likely to be affected by the
withdrawal.˙Prescribed matters—s 407(3) of the
Act33.For the purposes of section 407(3) of
the Act, the following mattersare
prescribed—(a)aproposedalterationoftheeligibilityrulesofanexistingindustrial organisation concerned in the
proposed amalgamation;(b)aproposedalterationinthenameofanexistingindustrialorganisation
concerned in the proposed amalgamation.˙Public
notification of a refusal under s 408 of the Act to approve
thesubmission of an amalgamation to
ballot34.(1)If, under
section 408(2) of the Act, the Commission has refusedtoapprovethesubmissionofanamalgamationtoballot,theIndustrialRegistrar must
publish a notice of the refusal in 1 or more newspapers sothat,
in the registrar’s opinion, the notice is likely to come to the
attention ofpersons likely to be affected by the proposed
amalgamation.(2)The notice must—(a)specify the prescribed grounds on which an
objection to a matterinvolvedinaproposedamalgamationmaybemadeundersection 409 of the Act; and(b)state that an objection must be filed
by a specified day, being theday by which,
under section 35, the objection must be filed.
s
3521s 38Industrial
Relations Regulation 1990˙Time for filing an
objection under s 409 of the Act35.An
objection under section 409 of the Act must be filed—(a)by the day the Commission fixes;
or(b)by any later day the Commission
substitutes for the day fixed; or(c)if
no day is fixed by the Commission, within 28 days of the
dateof publication (or, if there is more than 1
such date, the first dateofpublication)ofanoticeundersection34inrelationtotherelevant proposed amalgamation.˙Manner of making objections—s 409 of
the Act36.(1)An objection
under section 409 of the Act must be made by filingin
the Industrial Registrar’s Office, within the time prescribed by
section 35,a notice of objection that—(a)shows the name and address of the
person making the objection;and(b)specifies the grounds of the
objection; and(c)sets out particulars of those
grounds.(2)Anoticeofobjectionfiledbyanindustrialorganisationmustbeunder the seal of the organisation or
be signed by an authorised officer ofthe
organisation.˙Prescribed persons—s 409(3) of the
Act37.Forthepurposesofsection409(3)oftheAct,anyperson,orindustrialorganisation,interestedinaproposedamalgamationisaprescribed person in relation to an
objection to the amalgamation.˙Prescribed grounds—s 409(3) of the Act38.For the purposes of section 409(3) of
the Act, each of the followinggrounds is a
prescribed ground in relation to an objection to a proposedamalgamation—(a)if
the amalgamation involves the registration of an association
asan industrial organisation—
s
3922s 39Industrial
Relations Regulation 1990(i)that the
registration of the association would not further theobjects of the Act; or(ii)that
there is an industrial organisation to which the membersof
the association may conveniently belong; or(iii)that
the name of the association is the same as that of anindustrialorganisationorissosimilartothenameofanindustrial
organisation that it is likely to cause confusion; or(iv)that the
association is not a genuine association of a kindmentioned in section 327 of the Act;
or(v)that the association does not meet
(or, if the amalgamationtakes effect, will not meet) the
requirements for registrationunder the
Act;(b)if the proposed amalgamation involves
a change in the name ofan industrial organisation—that the
proposed new name of theindustrial organisation is the same as
that of another industrialorganisationorissosimilartothenameofanotherindustrialorganisation
that it is likely to cause confusion;(c)iftheproposedamalgamationinvolvesawideningoftheeligibility rules of an existing
industrial organisation—that there isanotherindustrialorganisationtowhichpersonsmightconveniently
belong if the persons—(i)arepotentialmembersoftheamalgamatingindustrialorganisations;
and(ii)wouldbeineligibletojoinanyoftheamalgamatingindustrialorganisationsiftherulesofthoseorganisationswere not
widened.˙Service of notice of objection39.Apersonorindustrialorganisationfilinganoticeofobjectionmentioned in
section 36 must serve a copy of it, within 7 days of the
filing,ontherelevantapplicantthatisspecifiedforthepurposesofsection 29(1)(a).
s
4023s 42Industrial
Relations Regulation 1990˙Statement in
reply40.(1)If a copy of a
notice of objection has been served under section 39,the
relevant applicants may jointly file in the Industrial Registrar’s
Office astatement,signedbyauthorisedofficersofeachapplicantindustrialorganisation or
association, that sets out the facts relied on in answer to
theobjection.(2)A
statement under subsection (1) must be filed not later than 14
daysafter service under section 39 of the copy of
the notice of objection to whichthe statement in
reply relates.(3)The applicants that have filed a
statement under subsection (1) mustserve a copy of
it, within 7 days of the filing, on each party to the notice
ofobjection.˙Hearing of objections41.(1)TheCommissionwhendealingwiththeapplicationforaproposed amalgamation must—(a)fix a time and place for the hearing
of the objections (if any) filedunder section
409 of the Act in relation to the application; and(b)cause notice of the time and place to
be served on the applicantsand on each
objector whose objection is to be heard at the hearing.(2)The Commission may fix under
subsection (1) separate hearings inrelation to
different objections.(3)The Commission,
in fixing a time under subsection (1)(a), must haveregard to sections 39 and 40.(4)Atthehearingofanobjection,theCommissionmayalloworalevidence to be given.˙Applicants to be heard before an application
may be refused unders 410 of the Act42.Before deciding to refuse to approve, under
section 410 of the Act,the submission of an amalgamation to
ballot, the Commission must givethe applicants
for the approval the opportunity to be heard.
s
4324s 45Industrial
Relations Regulation 1990˙Roll of
voters—preparation43.Therollofvotersforaballotofthemembersofanindustrialorganisation
must—(a)be prepared at the direction of the
electoral official conducting theballot;
and(b)set out opposite to the name of each
person on the roll the postaladdress of the
person; and(c)be finished not later than 14 days
before the commencing day ofthe
ballot.˙Roll of voters—inspection etc.44.(1)Anelectoralofficialconductingaballotofthemembersofanindustrial organisation must make the
roll of voters for the ballot availableduring the
specified period for inspection and copying.(2)Members of the organisation, and persons
authorised by the electoralofficial
conducting the ballot, are entitled, during ordinary business hours
atthe place at which the official carries out
the official’s duties in relation tothe
ballot—(a)to inspect the roll of voters for the
ballot; and(b)to take copies of the roll or of parts
of the roll.(3)In subsection (1)—“specified
period”means the period that—(a)startsonthedayfollowingthedayonwhichthepreparation,under section
43, of the roll of voters for the ballot is finished;and(b)ends 30 days
after the declaration of the result of the ballot.˙Form and publication of notice of
ballot45.(1)If the
Commission has fixed, under section 411 of the Act, thecommencingdayandtheclosingdayoftheballotonaproposedamalgamation, the
electoral official conducting the ballot must give notice ofthe
fixing of the days to the members entitled to vote at the
ballot.
s
4625s 47Industrial
Relations Regulation 1990(2)Theelectoralofficialmaygivethenoticebypost,newspaperadvertisement or other reasonable means that
the electoral official thinksnecessarytoensurethatthenoticeisbroughttotheattentionofthemembers.˙Conduct of ballot46.(1)Theelectoralofficialconductingaballotofmembersofanindustrialorganisationmaytakeactionandgiveanydirectionsthattheofficial reasonably considers to be
necessary for ensuring that no unlawfuldisclosure or
other irregularity happens in relation to the ballot.(2)A person must not, without reasonable
excuse, fail to comply with adirection given
to the person under subsection (1).Maximum
penalty—(a)in the case of an individual—10
penalty units; or(b)in the case of a body corporate—20
penalty units.˙Scheme for amalgamation—Industrial
Registrar to supply copies ofdocuments47.Ifanindustrialorganisationhasappliedforapprovalforthesubmissionofanamalgamationtoballot,theIndustrialRegistrarmustsupply promptly
to the Electoral Commission—(a)a
copy of the scheme for amalgamation that was filed with theapplication; and(b)a
copy of the outline of the scheme of amalgamation filed
undersection 398(2) of the Act; and(c)a copy of each statement filed under
section 402 or 413 of the Actin relation to
the proposed amalgamation; and(d)a
copy of each amendment of, or document filed in substitutionfor,
a document mentioned in paragraph (a), (b) or (c).
s
4826s 49Industrial
Relations Regulation 1990˙Scheme for
amalgamation—electoral official to supply copies ofdocuments on request48.If—(a)theElectoralCommissionhasreceived1ormoredocumentsunder section 47(a) or (b); and(b)apersonentitledtovoteattheballotmakesawrittenororalrequest to the
official for a copy of the document or of any of thedocuments;theelectoralofficialconductingtheballotmustsupplypromptlytotheperson that copy
or those copies without charge.˙Duties
of electoral official if ballot not conducted under s 419 of
theAct49.(1)IftheCommissionapproves,undersection418oftheAct,aproposal for submission of a proposed
amalgamation to a ballot that is notconducted under
section 419 of the Act, an electoral official must—(a)fixtheplaces,andthestartingandfinishingtimes,ofthemeetings of
members at which the ballot on the proposal will beconducted; and(b)include in the notice given under section 45
in relation to the ballotdetails of—(i)the
places and times fixed; and(ii)the
procedure for obtaining and exercising an absentee votein
relation to the ballot; and(c)posttoeachpersonentitledtovoteattheballot,atthepostaladdress of the
person shown on the roll of voters—(i)acopyofthelatestversion(incorporatingallsubsequentamendments)oftheoutlineoftherelevantschemeforamalgamation filed under section
398(2)(b) of the Act; and(ii)acopyofthelatestversion(incorporatingallsubsequentamendments) of
each statement filed under section 402(1) or413(2) of the
Act; and(iii)notification of
the entitlement of the person to obtain a copy
s
5027s 52Industrial
Relations Regulation 1990oftherelevantschemeforamalgamationfiledundersection
398(2)(a) of the Act or, if appropriate, of that schemeas
amended or substituted, together with particulars of theplacewhere,andthewayinwhich,thecopymaybeobtained.(2)Documentsrequiredtobepostedundersubsection(1)mustbeposted in sufficient time for them to be
delivered, in the ordinary course ofpost, at least 7
days before the relevant commencing day.˙Ballot
papers—forms50.The ballot paper for use in a ballot
of the members of an industrialorganisation in
relation to the proposed amalgamation must—(a)iftheballotdoesnotcontainanalternativeprovision—beinform
27 of the rules of court; or(b)if
the ballot does contain an alternative provision—be in form
28of the rules of court.˙Issuing of ballot papers—attendance
voting51.In relation to a ballot of the kind
mentioned in section 418 of the Act,an electoral
official must issue to each person entitled to vote at the ballot
aballot paper that bears—(a)the
initials of the electoral official; or(b)a
facsimile of those initials.˙Dispatch of ballot papers—secret postal
ballots52.Assoonaspracticable,butnotearlierthan2daysbeforethecommencingdayofaballotmentionedinsection419oftheAct,anelectoral official must send to each
person entitled to vote at the ballot asealed envelope,
addressed to the postal address of the person shown on theroll
of voters, containing—(a)1 ballot paper
for the ballot that bears—(i)the initials of
the electoral official; or
s
5328s 54Industrial
Relations Regulation 1990(ii)a facsimile of
those initials; and(b)any document the Act requires to be
sent with the ballot paper;and(c)any other material the electoral
official considers to be relevant totheballotincluding,forexample,directionsornotesthatwillassist the
person in complying with this regulation and in castinga
valid vote; and(d)an envelope, addressed to the
electoral official, that may be postedwithout cost to
the voter; and(e)details of the place where the person
may obtain a copy of therelevant scheme for amalgamation filed
under section 398(2)(a)of the Act or, if appropriate, of the
scheme as amended or of asubsequent scheme.˙Duplicate ballot papers—attendance
voting53.If a voter at a ballot of the kind
mentioned in section 418 of the Actsatisfies the
presiding electoral official, before depositing the ballot paper
inthe ballot box, that the voter has
accidentally spoilt the paper, the officialmust—(a)mark ‘spoilt’ on the paper; and(b)initial the paper where so marked and
retain it; and(c)issue a fresh ballot paper to the
voter.˙Duplicate ballot paper etc.—postal
voting54.(1)This section
applies to a ballot paper or another document (“ballotdocument”)thatwaspostedtoapersonundersection52orforthepurposes of section 418(b)(vi) of the
Act.(2)Anelectoralofficialmustissuepromptlyaduplicateofaballotdocument to a
person making written application under subsection (3) if
theofficial is satisfied that the ballot
document—(a)has not been received by the person;
or(b)has been lost or destroyed;
or
s
5529s 57Industrial
Relations Regulation 1990(c)in the case of a
ballot paper—has been spoilt.(3)An
application must—(a)be received by the official on or
before the closing day of theballot;
and(b)set out the grounds on which the
application is made; and(c)if practicable,
be substantiated by evidence that verifies, or tendsto
verify, those grounds; and(d)contain a
declaration to the effect that the person has not voted atthe
ballot; and(e)in a case mentioned in subsection
(2)(c), be accompanied by theballot
paper.(4)An electoral official to whom a spoilt
ballot paper is returned undersubsection(3)(e)mustdealwiththepaperinthewayspecifiedinsection 53(a) and (b).˙Manner of voting55.Apersonvotingataballotofthemembersofanindustrialorganisation in
relation to a proposed amalgamation or proposed alternativeamalgamation must record his or her vote on
the ballot paper in accordancewith the
instructions on the ballot paper.˙Custody of ballot papers56.(1)The
electoral official conducting a ballot of the members of anindustrialorganisationmustkeeptheballotpapersandothermaterialrelating to the ballot in safe custody until
a scrutiny has been conductedunder section
57.(2)If, after the closing day of a ballot
mentioned in section 419 of theAct, the
electoral official receives envelopes that purport to contain
ballotpapers relating to the ballot, the official
must keep them in safe custody.˙Scrutiny57.(1)The
electoral official conducting a ballot of the members of
an
s
5730s 57Industrial
Relations Regulation 1990industrial organisation must ascertain
the result of the ballot by conducting ascrutiny under
this section.(2)Assoonaspracticableafterthecloseoftheballot,theelectoralofficial
must—(a)admit the valid votes and reject the
informal votes; and(b)count the valid votes, and record the
number—(i)in favour of the proposal; and(ii)against the
proposal; and(c)count the informal votes.(3)In the case of a scheme for
amalgamation that contains a proposedalternative
provision, if the electoral official is satisfied that the result
of theballot on the provision may be required to be
known for the purposes of theAct, the official
must—(a)admitthevalidvotes,andrejecttheinformalvotes,ontheprovision;
and(b)count the valid votes, and record the
number—(i)in favour of the provision; and(ii)against the
provision; and(c)count the informal votes on the
provision.(4)Subject to subsection (5), a vote is
informal only if—(a)the ballot paper does not bear—(i)the initials of an electoral official;
or(ii)a facsimile of
those initials; or(b)the ballot paper is marked in a way
that permits the voter to beidentified;
or(c)the ballot paper is not marked in a
way that makes it clear how thevoter meant to
vote; or(d)material mentioned in section 52(c)
that is returned with the ballotpaperdoesnotcomplywithadirectiongivenunderthatparagraph; or
s
5831s 58Industrial
Relations Regulation 1990(e)the envelope
addressed to the electoral official contains the ballotpaper of another voter.(5)A
vote is not informal because of subsection (4)(a) if the
electoralofficial is satisfied that the ballot paper
in question is authentic.(6)Iftheelectoralofficialconductingtheballotisinformedbyascrutineer that the scrutineer objects
to a ballot paper being admitted as validor rejected as
informal, as the case may be, the official must—(a)decidewhethertheballotpaperistobeadmittedasvalidorrejected as informal; and(b)endorsethatdecisionontheballotpaperandinitialtheendorsement.(7)Iftheelectoralofficialconductingtheballotisinformedbyascrutineer to the effect that, in the
scrutineer’s opinion, an error has beenmade in the
conduct of the scrutiny, the official must decide whether anerror
has been made and, if appropriate, the official must direct what
actionis to be taken to correct or mitigate the
error.˙Scrutineers58.(1)This
section applies in relation to a ballot of the members of anindustrialorganisationonaproposedamalgamationandanyproposedalternative
amalgamation (“amalgamation proposal”).(2)Thecommitteeofmanagementoftheindustrialorganisationmayappoint members of the industrial
organisation as scrutineers to safeguardthe interests of
the members who approve of the amalgamation.(3)An
appointment under subsection (2) must be made by instrumentsigned on behalf of the committee of
management by an authorised officerof the
organisation.(4)Ifmembersofanindustrialorganisationhavefiled,undersection 413(2) of the Act, a written
statement opposing an amalgamationproposal, the
electoral official conducting the ballot must allow members
oftheindustrialorganisationtobescrutineerstosafeguardtheinterestsofmembers who disapprove of the
proposal.(5)Amembermaybeascrutineerundersubsection(4)onlyiftheelectoral official is satisfied that
the member represents those members who
s
5832s 58Industrial
Relations Regulation 1990filed the statement opposing an
amalgamation proposal.(6)Subject to
subsections (7), (8) and (9)—(a)a
scrutineer may be present—(i)at the issue of
ballot papers under section 51; and(ii)atthepreparationanddispatchofballotmaterialundersections 49 and
52; and(iii)at the receipt
of ballot material and placement of the materialin
safe custody under section 56; and(iv)at
the scrutiny of ballot material under section 57; and(b)at a scrutiny under section 57—(i)if the scrutineer objects to a
decision that a ballot paper isvalid or
informal; or(ii)if the
scrutineer considers that an error has been made in theconduct of the scrutiny;the scrutineer
may inform the electoral official accordingly.(7)At
any time during the period of scrutiny—(a)the
number of scrutineers appointed under subsection (2) and inattendance at the scrutiny; and(b)thenumberofscrutineersmentionedinsubsection(4)andinattendance at
the scrutiny;mustnot,ineithercase,bemorethanthenumberofelectoralofficialsengaged on the scrutiny at that time.(8)Ifapersonappointedundersubsection(2)failstoproducetheperson’s instrument of appointment for
inspection by the electoral officialconducting the
ballot when requested by the official to do so, the officialmay
refuse to allow the person to attend or act as a scrutineer.(9)If a person—(a)is
not entitled to be present, or to remain present, at the
scrutiny;or(b)interruptsthescrutiny,otherwisethanforthepurposeofperforming a function mentioned in
subsection (6)(a) or (b);
s
5933s 59Industrial
Relations Regulation 1990the electoral official conducting the
ballot may direct the person to leave theplace where the
scrutiny is being conducted.(10)A
person who, without reasonable excuse, fails to comply with
adirection given to the person under
subsection (9) commits an offence.Maximum
penalty—10 penalty units.˙Certificate
showing particulars of the ballot59.(1)Not
later than 14 days after the closing day of a ballot, the
electoralofficialconductingtheballotmustprepare,dateandsignacertificateshowing in
relation to the ballot—(a)the total number
of persons on the roll of voters; and(b)the
total number of ballot papers issued; and(c)ifapplicable,thetotalnumberofenvelopespostedundersection 52 or
for the purposes of section 418(b)(vi) of the Act thatwere
returned undelivered by the closing date of the ballot to
theElectoral Commission; and(d)the total number of ballot papers
received by the official; and(e)the
total number of votes in favour of the question set out on
theballot paper; and(f)the
total number of votes not in favour of the question set out
onthe ballot paper; and(g)the
total number of informal ballot papers.(2)Subsection(1)doesnotapplyinrelationtoaballotthatwasconducted under section 419(2) of the
Act if, because of section 419(4) ofthe Act, the
electoral official conducting the ballot did not count the votes
inthe ballot.(3)Immediately after signing a certificate
mentioned in subsection (1),the electoral
official must—(a)give the certificate to the Industrial
Registrar; and(b)give a copy of the certificate to each
of the industrial organisationsconcerned in the
proposed amalgamation.
s
6034s 63Industrial
Relations Regulation 1990˙Preservation of
ballot papers etc.60.TheElectoralCommissionmustretainallballotpapersanddocuments relating to the
ballot—(a)if an application has been made under
section 422 of the Act foran inquiry in relation to the
ballot—until the application has beendisposed of;
or(b)if paragraph (a) does not apply—until
the end of the period withinwhich
applications may be made under section 422 of the Act foran
inquiry in relation to the ballot.˙Inquiry into ballot
irregularity—application61.(1)An application
to the Commission under section 422(1) of the Actfor
an inquiry must be made in form 29 of the rules of court.(2)For the purposes of this Division, an
inquiry is taken to have beeninstituted when
an application is filed under subsection (1).˙Inquiry into ballot irregularity—directions
as to hearing62.If an inquiry has been instituted, the
Commission must fix a time andplaceforconductingtheinquiryandmaygiveanydirectionsthattheCommissiondeterminestoensurethatallpersonswhoare,ormaybe,entitled to
appear, or to be represented, at the inquiry are notified of the
timeand place fixed.˙Inquiry into ballot irregularity—inspection
of documents63.(1)If an inquiry
has been instituted, the Commission may authorise,for
the purposes of the inquiry, a person to inspect rolls of voters,
ballotpapers or other documents that have been used
in connection with, or arerelevant to, the ballot.(2)Apersonmustnothinderorobstructapersoncarryingoutaninspection
authorised under subsection (1).
s
6435s 65Industrial
Relations Regulation 1990Maximum penalty—(a)in
the case of an individual—10 penalty units; or(b)in
the case of a body corporate—20 penalty units.˙Inquiry into ballot irregularity—procedure at
hearing64.Subject to section 105 of the Act, the
Commission may allow anyperson to appear or be represented at
an inquiry, and that person is taken tobe a party to the
proceedings.˙Inquiry into ballot
irregularity—interim orders in case ofuncompleted
ballot65.(1)At any time
after an inquiry has been instituted and before theCommission finds whether there has been an
irregularity that may affect, ormay have
affected, the result of an uncompleted ballot, the
Commissionmay—(a)order that no
further steps are to be taken in the conduct of theballot; and(b)makeanyorderincidentalorsupplementarytoanorderunderparagraph (a); and(c)vary
or discharge an order under paragraph (a) or (b).(2)An order under subsection (1)
continues in force until the conclusionof the inquiry,
unless the order—(a)is expressed to expire at some other
time; or(b)is discharged before the conclusion of
the inquiry.(3)A person must not intentionally fail
to comply with an order of theCommission under
subsection (1).Maximum penalty—(a)in
the case of an individual—10 penalty units; or(b)in
the case of a body corporate—20 penalty units.
s
6636s 69Industrial
Relations Regulation 1990˙Public
notification of amalgamation day66.(1)If
the Commission has fixed, under section 425(2) of the Act, aday
as the day on which an amalgamation is to take effect, the
IndustrialRegistrarmustpublishanoticeofthefixingofthedayin1ormorenewspapers so that, in the registrar’s
opinion, the notice is likely to come tothe attention of
interested persons, including the members of the industrialorganisations, and any associations, to be
amalgamated.(2)Anoticepublishedundersubsection(1)istakentobeanoticepublished by the Commission for the purposes
of section 425(2) of the Act.˙Registration of amalgamated
organisations—prescribed particulars67.Forthepurposesofsection425(3)(a)oftheAct,thefollowingparticularsinrelationtoaproposedamalgamatedorganisationareprescribed—(a)the
name of the proposed organisation;(b)the
rules of the proposed organisation relating to eligibility
formembership;(c)if
the proposed organisation is registered in relation to a
particularindustry—a description of the
industry.˙Notification of decisions, ballots
etc.—additional means may be used68.ArequirementinthisDivisionforapersontogivenotice,ortopublish a notice,
of a matter in a specified way does not preclude the personfromgivingorpublishingadditionalnoticeofthematterbyotherreasonable
means.†Division 6—Cancellation of
registration˙Application for cancellation of
registration of an industrialorganisation69.(1)An
application under section 445(b) of the Act for the
cancellationof the registration of an industrial
organisation—
s
7037s 70Industrial
Relations Regulation 1990(a)is to be in
writing setting out the ground for the application;(b)is to set out the facts and issues on
which the applicant relies tosupport the
application;(c)is—(i)if
the application is made by an industrial organisation—tobe
under the seal of the applicant industrial organisation orbesignedby2officersofthatindustrialorganisationauthorised to
sign the application;(ii)if the
application is made by a body corporate other than anindustrial organisation—to be signed by a
person authorisedby the body corporate to sign the
application;(iii)in any other
case—to be signed by the applicant;(d)is
to be lodged in the Industrial Registrar’s Office.(2)Not later than 7 days after lodging
the application in the IndustrialRegistrar’s
Office the applicant is to serve a copy of the application on
theindustrial organisation.(3)Whereanapplicationhasbeenmadeforthecancellationoftheregistration of an industrial
organisation on 1 of the grounds specified insection445(b)oftheAct,theFullIndustrialCourtis,withaviewtosatisfyingitselfwhethertheregistrationoftheindustrialorganisationisliable to cancellation on that ground, to
give the industrial organisation anopportunity to
make written submissions to the Full Industrial Court and,
ifthe industrial organisation so desires, to be
heard in support of any of thosesubmissions.˙Cancellation of registration of defunct
industrial organisation onmotion of the Industrial
Registrar70.(1)Before the
Industrial Registrar moves, pursuant to section 445(c)of
the Act, a motion for the cancellation of the registration of an
industrialorganisation on the ground that the
industrial organisation is defunct, theIndustrialRegistraristomakeappropriateinquiriesbyletterssentbypost—(a)to
the industrial organisation at its last known office;
and
s
7138s 71Industrial
Relations Regulation 1990(b)to the members
of the committee of management of the industrialorganisation as last known to the registrar
at the postal addresseslast known to the registrar.(2)If,afterinquiriesmadeinaccordancewithsubsection(1),theIndustrial Registrar is satisfied that
the industrial organisation is defunct, theIndustrial
Registrar must cause to be published in the Industrial Gazette
anotice stating that—(a)subjecttotheconsiderationofanyobjectionslodgedinaccordancewiththenotice,applicationwill,attheexpiryof1 month from the date of publication
of the notice, be made to theFullIndustrialCourtfortheregistrationoftheindustrialorganisationtobecancelledonthegroundthattheindustrialorganisation is
defunct; and(b)a person who desires to show cause why
the registration of theindustrialorganisationshouldnotbecancelledonthatgroundmaylodgeintheIndustrialRegistrar’sOfficewithin1monthafter the date
of publication of the notice, a notice of objection.(3)If any person lodges a notice of
objection, the Industrial Registrar istogivetothatpersonanopportunitytoappearbeforetheIndustrialRegistrar and be
heard in support of the objection.†Division 7—Accounts and audit˙Prescribed accounts—s 453(1) of the
Act71.For the purposes of section 453(1) of
the Act, each of the followingaccountsisprescribedinrespectofeachfinancialyearofanindustrialorganisation—(a)anaccountofallincomeandexpenditureoftheindustrialorganisationduringthefinancialyear,beinganaccountthatincludes,sofarasisapplicable,thefollowingparticularsofincome or expenditure during the financial
year—(i)thetotalamountpaidtotheindustrialorganisationasentrancefeesormembershipcontributionsinrespectofmembership of the industrial
organisation;
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7139s 71Industrial
Relations Regulation 1990(ii)if the
industrial organisation is divided into branches and therules of the industrial organisation provide
that each branchoftheindustrialorganisationmustpaytotheindustrialorganisation,asacontributiontowardstheadministrativeexpenses of the
industrial organisation, a proportion of thetotalamountreceivedbythebranchasentrancefeesormembership contributions—the total
amount so paid to theindustrial organisation by its
branches;(iii)if the
industrial organisation is a branch of another industrialorganisation and the rules of the other
industrial organisationprovidethattheotherindustrialorganisationmustpaytoeachofitsbranches,asacontributiontowardstheadministrative expenses of that
branch, a proportion of thetotal amount
received by the other industrial organisation asentrancefeesormembershipcontributions—thetotalamount so paid to the first mentioned
industrial organisationby the other industrial
organisation;(iv)thetotalamountpaidtotheindustrialorganisationbyitsmembersinrespectofcompulsoryleviesraisedbytheindustrial organisation or as
voluntary contributions for thefurtherance of
particular purposes;(v)the total amount
of donations or grants (other than voluntarycontributionsreferredtoinsubsection(iv))madetotheindustrial organisation;(vi)the total amount
received by the industrial organisation asinterest;(vii) the total amount received by the
industrial organisation asdividends;(viii)the total
amount received by the industrial organisation asincome from the investment or use of any
moneys or otherassetsoftheindustrialorganisation,notincludedinanamount referred to in subsection (vi)
or (vii);(ix)the total amount
paid by the industrial organisation as feesand periodic
contributions in respect of its affiliation to anypolitical party, any federation, congress,
council or group ofindustrial organisations, or any
international body having an
s
7140s 71Industrial
Relations Regulation 1990interest in industrial matters;(x)if the industrial organisation is
divided into branches and therules of the
industrial organisation provide that the industrialorganisationmustpaytoeachofitsbranches,asacontributiontowardstheadministrativeexpensesofthatbranch,aproportionofthetotalamountreceivedbytheindustrialorganisationasentrancefeesormembershipcontributions—thetotalamountsopaidbytheindustrialorganisation to
its branches;(xi)if the
industrial organisation is a branch of another industrialorganisation and the rules of the other
industrial organisationprovidethateachofitsbranchesmustpaytosuchotherindustrialorganisation,asacontributiontowardstheadministrative expenses of the other
industrial organisation,a proportion of the total amount
received by the branch asentrancefeesormembershipcontributions—thetotalamount so paid by the first mentioned
industrial organisationto the other industrial
organisation;(xii) the total amount paid by the
industrial organisation in respectof compulsory
levies imposed on the industrial organisation;(xiii)thetotalamountofdonationsorgrantsmadebytheindustrial
organisation;(xiv)the total amount paid as remuneration
to holders of offices inthe industrial organisation;(xv)
the total amount paid as remuneration to employees of theindustrial organisation;(xvi)the total
amount paid as fees or allowances not included inan
amount referred to in subsection (xiv) or (xv) to personsinrespectoftheirattendancesasrepresentativesoftheindustrial organisation at conferences
or other meetings;(xvii)thetotalamountpaidbytheindustrialorganisationinrespect of audit fees, legal expenses and
any other expensesincurred in respect of professional
services;(xviii)thetotalamountofexpensesnotincludedinanamountreferredtoelsewhereinthisparagraphincurredin
s
7141s 71Industrial
Relations Regulation 1990connectionwithmeetingsofmembersoftheindustrialorganisation and
any conferences or meetings of councils,committees,
panels or other bodies for the holding of whichthe industrial
organisation was wholly or partly responsible;(xix)the total
amount paid by the industrial organisation in respectofadministrativeexpensesnotincludedinanamountreferred to
elsewhere in this paragraph;(xx) the total
amount set aside by the industrial organisation asprovisionforpaymentsinrespectoflongserviceleaveentitlementstoofficersandemployeesoftheindustrialorganisation;(xxi)the total
amount set aside by the industrial organisation asprovisionforpaymentsinrespectofannualleaveentitlementstoofficersandemployeesoftheindustrialorganisation;(xxii)the total
amount set aside by the industrial organisation asprovision for the payment of superannuation
or retirementbenefitsto,orpaidbytheindustrialorganisationascontributiontoasuperannuationorretirementschemeapplicableinrelationto,officersoremployeesoftheindustrial organisation;(xxiii)thetotalamountpaidbytheindustrialorganisationinrespect of interest on loans to the
industrial organisation andany other
expenses incurred in connection with the controlor
management of the assets of the industrial organisation;(xxiv)the total amount set aside by the
industrial organisation asprovision for depreciation or
amortisation on investmentsand fixed
assets;(xxv)thetotalamountpaidbytheindustrialorganisationinrespect of penalties imposed on the
industrial organisationunder the Act or this
regulation;(xxvi)ifthereisanexcessofincomeoverexpenditureoranexcessofexpenditureoverincome,theamountofthatexcess;(xxvii)if any assets of the industrial
organisation have been sold
s
7142s 71Industrial
Relations Regulation 1990for,orrevaluedat,anamountexceeding$1000—theamountofprofitorlossarisingfromthesaleorrevaluation of those assets;(xxviii)ifanyamountnotincludedinanamountreferredtoelsewhere in this paragraph has been
transferred to a fundoraccountkeptforaspecificpurposebytheindustrialorganisationoranysuchamounthasbeenwithdrawnfrom
such a fund or account—the total amount transferredto,
or withdrawn from, that fund or account, as the casemay
be;(xxix)the net surplus or net deficit of the
industrial organisationthat has been transferred to the
general fund;(b)an account of assets and liabilities
of the industrial organisation asat the end of
the financial year, being an account that includes, sofar
as applicable, the following particulars of assets or
liabilitiesduring the financial year—(i)the total amount of cash in
hand;(ii)the total amount
of cash at bank;(iii)the total amount
of prepayments;(iv)if the
accounting records of the industrial organisation arekeptonanaccrualbasis—thetotalamountofaccountsreceivable and
the total amount of loans receivable;(v)thetotalbookvalueofinvestmentsinGovernment,municipal and
other public debentures, stock or bonds;(vi)the
total book value of investments other than those specifiedin
subsection (v);(vii) thetotalbookvalueofthefixedassetsoftheindustrialorganisation,
specifying separately the book value of any realproperty included in those assets and the
book value of otherassets;(viii)if the
accounting records of the industrial organisation arekeptonanaccrualbasis—thetotalamountofaccountspayable and the
total amount of loans payable;(ix)the
total amount held as provision for payments in respect
of
s
7243s 72Industrial
Relations Regulation 1990annual leave entitlements to officers
and employees of theindustrial organisation;(x)the total amount held as provision for
payments in respect oflong service leave entitlements to
officers and employees ofthe industrial organisation;(xi)thetotalamountheldasprovisionforpaymentofsuperannuationorretirementbenefitstoofficersandemployees of the industrial
organisation;(xii) thetotalamountofcontingentliabilities(otherthancontingentliabilitiesincludedinanamountreferredtoelsewhere in this paragraph), specifying
separately the totalamountofunsecuredcontingentliabilitiesandthetotalamount of
contingent liabilities secured upon the assets ofthe
industrial organisation;(xiii)thetotalamountofthebalancesofallfundsoraccountsoperatedbytheindustrialorganisationinrespectofcompulsoryleviesraisedbytheindustrialorganisationorvoluntarycontributionscollectedfrommembersoftheindustrial
organisation;(xiv)if moneys, or the balance of moneys,
standing to the creditof a fund or account referred to in
subsection (xiii) have beeninvested in any
assets—the total book value of those assets;(xv) the total
amount of the balances of all funds (other than thegeneral fund or a fund referred to in
subsection (xiii)) theoperation of which is required by the
rules of the industrialorganisation;(xvi)the balance
of the general fund.˙Prescribed
accounts—s 467(5) of the Act72.For
the purposes of section 467(5) of the Act, each of the
followingaccounts is a prescribed account in respect
of a financial year of an industrialorganisation—(a)anaccountofallincomeandexpenditureoftheindustrialorganisationduringthatfinancialyear,beinganaccountthat
s
7244s 72Industrial
Relations Regulation 1990includes, so far as applicable, the
following particulars of incomeand expenditure
during that financial year—(i)thetotalamountpaidtotheindustrialorganisationasentrancefees,ormembershipcontributionsinrespectofmembership of the industrial
organisation;(ii)the total amount
of grants or donations made to the industrialorganisation;(iii)if
the industrial organisation is divided into branches and therules of the industrial organisation provide
that each branchoftheindustrialorganisationmustpaytotheindustrialorganisation,asacontributiontowardstheadministrativeexpenses of the
industrial organisation, a proportion of thetotalamountreceivedbythebranchasentrancefeesormembership contributions—the total
amount so paid to theindustrial organisation by its
branches;(iv)if the
industrial organisation is a branch of another industrialorganisation and the rules of the other
industrial organisationprovidethattheotherindustrialorganisationmustpaytoeachofitsbranches,asacontributiontowardstheadministrative expenses of that
branch, a proportion of thetotal amount
received by the other industrial organisation asentrancefeesormembershipcontributions—thetotalamount so paid to the first mentioned
industrial organisationby the other industrial
organisation;(v)the total amount paid by the
industrial organisation as fees orperiodiccontributionsinrespectofitsaffiliationtoanypolitical party, any federation,
congress, council or group ofindustrial
organisations, or any international body having aninterest in industrial matters;(vi)thetotalamountpaidasadministrativeexpenses,professional fees or remuneration to holders
of offices in, orto employees of, the industrial
organisation;(vii) thetotalamountofanygrantsordonationsmadebytheindustrial
organisation;(viii)if any assets of the industrial
organisation have been sold
s
7345s 73Industrial
Relations Regulation 1990for, or revalued at, more than $1
000—the amount of profitor loss arising out of that sale or
revaluation;(ix)if there is an
excess of income over expenditure or an excessof expenditure
over income the amount of that excess;(b)an
account of assets and liabilities of the industrial organisation
asat the end of that financial year, being an
account that includes, sofar as applicable, the following
particulars of assets or liabilitiesduring the
financial year—(i)the total amount of cash in
hand;(ii)the total amount
of cash at bank;(iii)thetotalamountofloansmadebytheindustrialorganisation;(iv)thetotalbookvalueofinvestmentsandfixedassetsincluding,andalsospecifyingseparately,thetotalbookvalue of real property and the total book
value of other assetseach of which is valued in excess of
$1 000;(v)the total amount of loans made to the
industrial organisation;(vi)the total amount
of the balances of all funds the operation ofwhich is
required by the rules of the industrial organisation;(vii) the balance of the general
fund.˙Certificates to be given in
accounts73.(1)Theaccountspreparedinaccordancewithsection453(1)or467(5)oftheActinrelationtoanindustrialorganisationmusteachcontain—(a)acertificate,givenbytheaccountingofficeroftheindustrialorganisation,
stating the number of persons who were, at the endof
the financial year to which the accounts relate, members of
theindustrial organisation and stating in
relation to that financial yearwhether, in the
opinion of the officer—(i)the accounts
show a true and fair view of the financial affairsof
the industrial organisation as at the end of the financialyear; and
s
7346s 73Industrial
Relations Regulation 1990(ii)a record has
been kept of all moneys paid by, or collectedfrom,membersoftheindustrialorganisation,andallmoneys so paid or collected have been
credited to the bankaccountoraccountstowhichthosemoneysaretobecredited,inaccordancewiththerulesoftheindustrialorganisation;
and(iii)beforeanyexpenditurewasincurredbytheindustrialorganisation,approvaloftheincurringoftheexpenditurewas obtained in
accordance with the rules of the industrialorganisation;
and(iv)if the accounts
were prepared pursuant to section 453(1) ofthe Act—any
payment was made out of a fund referred to insection71(b)(xiii)or(xiv)forapurposeotherthanthepurpose for which the fund was operated and,
if any suchpayment was so made, it was approved in
accordance withthe rules of the industrial organisation;
and(v)if the accounts were prepared pursuant
to section 467(5) ofthe Act, any payment was made out of a
fund referred to insection 72(b)(vi) for a purpose other than
the purpose forwhich the fund was operated and, if any such
payment wasso made, it was approved in accordance with
the rules of theindustrial organisation; and(vi)allloansorotherfinancialbenefitsgrantedtopersonsholding office
in the industrial organisation were authorisedin accordance
with the rules of the industrial organisation;and(vii) the register of members of the
industrial organisation wasmaintained in
accordance with the Act; and(b)a
certificate given by the committee of management of the
industrialorganisation stating—(i)whether, in the opinion of the committee of
management,the accounts show a true and fair view of
the financial affairsof the industrial organisation as at
the end of the financialyear to which the accounts relate;
and(ii)whether,duringthefinancialyeartowhichtheaccounts
s
7347s 73Industrial
Relations Regulation 1990relate, meetings of the committee of
management were, inthe opinion of the committee, held in
accordance with therules of the industrial organisation;
and(iii)whether, to the
knowledge of any member of the committee,therehavebeen,duringthefinancialyeartowhichtheaccountsrelate,instanceswhererecordsoftheindustrialorganisationorotherdocuments(notbeingdocumentscontaining
information made available to a member of theindustrial
organisation under section 454(2) of the Act), orcopies of those records or other documents,
or copies of therules of the industrial organisation, have
not been furnished,or made available, to members of the
industrial organisationin accordance with the Act, this
regulation or the rules of theindustrial
organisation, as the case may be; and(iv)whether, if those accounts and statements
were prepared inaccordance with section 453(1) of the Act,
in relation to thereport prepared in accordance with section
457 of the Act bytheauditoroftheindustrialorganisationinrespectofthefinancial year immediately preceding
the financial year towhich the accounts relate, and in
relation to any accounts andstatementspreparedinaccordancewithsection453(1)or467(5) of the Act (as the case may be)
to which that reportrelates,theindustrialorganisationhascompliedwithsection 460(1) of the Act and whichever of
sections 460(6)and 460(7) of the Act is applicable;
and(v)whether, if those accounts and
statements were prepared inaccordance with
section 467(5) of the Act, in relation to thereport prepared
in accordance with section 467 of the Act bytheauditoroftheindustrialorganisationinrespectofthefinancial year immediately preceding
the financial year towhich the accounts relate, and in
relation to any accounts andstatementspreparedinaccordancewithsection453(1)or467(5) of the Act (as the case may be)
to which that reportrelates,theindustrialorganisationhascompliedwithsections 467(7) and 467(8) of the
Act.(2)The certificate referred to in
subsection (1)(b)—(a)must be in accordance with such
resolution as is passed by the
s
7448s 74Industrial
Relations Regulation 1990committeeofmanagementoftheindustrialorganisationinrelation to the matters to be stated in the
certificate; and(b)must be signed on behalf of the
committee of management by2 members of the committee.(3)A statement included in a certificate
pursuant to subsection (1)(b)(iv)isnotadmissibleasevidenceinproceedingsagainsttheindustrialorganisation
under section 580(1), (3) or (4) or section 585 of the Act.(4)In subsection (1)—“accounting
officer”, in relation to an industrial organisation,
means theofficer of the industrial organisation
responsible for the keeping of theaccounting
records of the industrial organisation.˙Information to be provided to members and
Industrial Registrar74.(1)For the purposes
of section 454(1) of the Act, an application to anindustrial organisation must be—(a)in writing addressed to the secretary
of the industrial organisation;and(b)delivered by hand at, or sent by
prepaid post to, the office of theindustrial
organisation.(2)For the purposes of section 454(1) of
the Act, any of the followinginformationconcerninganindustrialorganisation,beinginformationrelatingtothefinancialyearoftheindustrialorganisationinrespectofwhichaccountsandstatementswerelastpreparedinaccordancewithsection 453(1) or 467(5) of the Act, is
prescribed information—(a)inrelationtoanycompulsorylevyraisedbytheindustrialorganisation
other than a levy in respect of which the industrialorganisation has, during the financial year,
operated a special fundor account—(i)the
purpose for which the levy was raised; and(ii)the
total amount received by the industrial organisation;(b)inrelationtoanycollectionbytheindustrialorganisationofvoluntary contributions made by the members
for the furtheranceofaparticularpurpose,otherthanvoluntarycontributionsin
s
7449s 74Industrial
Relations Regulation 1990respectofwhichtheindustrialorganisationhas,duringthefinancial year, operated a special fund or
account—(i)the purpose for which the
contributions were collected; and(ii)the
total amount received by the industrial organisation asvoluntary contributions for the furtherance
of that purpose;(c)in relation to any donation or grant
exceeding $1 000 made to theindustrial
organisation—(i)the amount of the donation or grant;
and(ii)wherethedonationorgrantwasmadeforaspecifiedpurpose—the
purpose so specified;(d)inrelationtoanycompulsorylevyimposedontheindustrialorganisation—(i)the
purpose for which the levy was imposed; and(ii)the
total amount paid by the industrial organisation;(e)in relation to any donation or grant
exceeding, or in the aggregateexceeding, $1
000 made by the industrial organisation—(i)the
purpose for which the donation or grant was made; and(ii)the amount of
the donation or grant; and(iii)where the
donation or grant is not a prescribed donation orgrant—thenameandaddressofthepersontowhomthedonation or grant was made;(f)in relation to any amount exceeding $1
000 received or paid bythe industrial organisation, not being
an amount included in anamount referred to in a subsection of
section 71(a) in relation tothe industrial
organisation—(i)the amount received or paid by the
industrial organisation;and(ii)the
name and address of the person from whom the amountwas
received or to whom the amount was paid; and(iii)the
purpose for which the amount was received or paid bythe
industrial organisation;(g)the amount paid
as remuneration to the holder of any office in the
s
7450s 74Industrial
Relations Regulation 1990industrial organisation;(h)in relation to the sale or revaluation
of any asset of the industrialorganisation,beingasaleorrevaluationthathasresultedinaprofit or loss exceeding $1
000—(i)a description of the asset sold or
revalued; and(ii)inthecaseoftherevaluationofanasset—thereasonforwhich the asset was revalued;
and(iii)the amount of
the profit made or the loss incurred;(i)in
relation to any loan exceeding, or in the aggregate
exceeding,$1 000 made by the industrial
organisation—(i)the amount of the loan; and(ii)the purpose for
which the loan was required; and(iii)the
security given in respect of the loan; and(iv)wheretheloanisnotaprescribedloan—thenameandaddress of the person to whom the loan was
made and thearrangements made for the repayment of the
loan;(j)the total amount paid by the
industrial organisation in respect ofinvestments
(other than investments in Government, municipal orother public debentures, stock or bonds)
made by the industrialorganisation during the financial
year;(k)inrelationtoanyinvestment(otherthananinvestmentinGovernment,municipalorotherpublicdebentures,stockorbonds)heldbytheindustrialorganisationattheendofthefinancial year, being an investment
the book value of which, as atthe end of that
financial year, exceeds whichever is the greater of$1
000 or 20% of the total book value of all such investmentsheldbytheindustrialorganisationattheendofthatfinancialyear—(i)a
description of the investment; and(ii)the
book value of the investment as at the end of the financialyear; and(iii)where applicable, the quoted market value of
the investmentas at the end of the financial
year;
s
7451s 74Industrial
Relations Regulation 1990(l)in relation to
any asset (other than an asset included in a class ofassets referred to in a subsection of
section 71(b)) held by theindustrial organisation at the end of
the financial year, the bookvalueofwhich,asattheendofthatfinancialyear,exceedswhichever is the greater of $1 000 or 5% of
the total book valueof all the assets held by the
industrial organisation at the end ofthe financial
year—(i)a description of the asset; and(ii)the book value
of the asset as at the end of the financial year;(m)inrelationtoanyloanexceeding$10000receivedbytheindustrial organisation—(i)thenameandaddressofthepersonfromwhomtheloanwas received;
and(ii)the amount of
the loan; and(iii)the purpose for
which the loan was required; and(iv)the
security given in respect of the loan; and(v)the
arrangements made for the repayment of the loan;(n)in relation to any amount held by the
industrial organisation asprovision for 1 of the following
purposes —(i)the payment of annual leave
entitlements to its officers andemployees;(ii)the
payment of long service leave entitlements to its officersand
employees;(iii)the payment of
superannuation or retirement benefits to itsofficers and
employees,thenumberofofficersandemployeesinrespectofwhomtheamount so held constitutes provision;(o)in relation to any contingent
liability of the industrial organisationas at the end of
the financial year, being a contingent liability theamount of which has been ascertained and
exceeds 5% of the netvalue of the assets of the industrial
organisation as at the end ofthe financial
year—
s
7452s 74Industrial
Relations Regulation 1990(i)a description of
the liability; and(ii)the amount for
which the industrial organisation is liable;(p)in
relation to any liability of the industrial organisation (other
thanaliabilityincludedinaclassofliabilitiesreferredtoinasubsection of section 71(b)) outstanding at
the end of the financialyear, being a liability involving an
amount exceeding 5% of thetotal amount of the other liabilities
of the industrial organisation asat the end of
the financial year—(i)a description of the liability;
and(ii)the amount for
which the industrial organisation is liable;(q)inrelationtoanyfundoraccountoperatedbytheindustrialorganisationinrespectofacompulsorylevyraisedbytheindustrialorganisationorinrespectofvoluntarycontributionscollected from
the members of the industrial organisation —(i)the
purpose for which the levy was raised or the voluntarycontributions collected; and(ii)where
applicable, the amount of the balance of the fund oraccount at the commencement of the financial
year; and(iii)whether any
moneys were transferred to the fund or accountfrom any other
fund or account operated by the industrialorganisationand,ifanymoneysweresotransferred,adescriptionofeachfundoraccountfromwhichmoneyswere
so transferred and the amount transferred from eachfund
or account; and(iv)thetotalamountpaidbythemembersoftheindustrialorganisationinrespectofthelevyorasvoluntarycontributions;
and(v)thetotalamountofpaymentsmadeoutofthefundoraccount in furtherance of the purpose for
which the levy wasimposed or the voluntary contributions
collected; and(vi)whether any
payment was made out of the fund or accountin furtherance
of a purpose other than the purpose for whichthelevywasimposedorthevoluntarycontributionscollected and,
if any payment was so made, the amount of
s
7453s 74Industrial
Relations Regulation 1990each payment and the purpose for which
it was made; and(vii) whetheranymoneysweretransferredfromthefundoraccounttoanyotherfundoraccountoperatedbytheindustrialorganisationand,ifanymoneysweresotransferred, a description of each fund or
account to whichthe moneys were transferred and the amount
transferred toeach fund or account; and(viii)in respect of each payment particulars
of which are given inaccordance with subsection (vi) and
each transfer particularsof which are given in accordance with
subsection (vii) thedesignation within the industrial
organisation of the personwho approved the payment or transfer
and the date on whichthe approval was given; and(ix)the amount of
the balance of the fund or account at the endof the financial
year or, in the case of a fund or account thatthe industrial
organisation ceased to operate before the end ofthe
financial year, the amount of the closing balance and, ifany
part of that balance or closing balance has been investedin
any assets, the amount so invested and a description ofthose assets;(r)inrelationtoanyfund(otherthanthegeneralfundorafundreferred to in paragraph (q)) the operation
of which is required bythe rules of the industrial
organisation—(i)the purpose for which the fund was
operated; and(ii)where
applicable, the amount of the balance of the fund atthe
beginning of the financial year; and(iii)whether any moneys were transferred to the
fund from anyotherfundoranyaccountoperatedbytheindustrialorganisationand,ifanymoneysweresotransferred,adescriptionofeachfundoraccountfromwhichmoneyswere
so transferred and the amount transferred from eachfund
or account; and(iv)the total amount
of moneys, other than moneys referred to insubsection
(iii), paid into the fund; and(v)thetotalamountofpaymentsmadeoutofthefundin
s
7454s 74Industrial
Relations Regulation 1990furtherance of the purpose for which
the fund was operated;and(vi)whetheranypaymentwasmadeoutofthefundinfurtherance of a purpose other than
the purpose for whichthe fund was operated and, if any
payment was so made, theamount of each payment and the purpose
for which it wasmade; and(vii) whether
any moneys were transferred from the fund to anyotherfundoranyaccountoperatedbytheindustrialorganisationand,ifanymoneysweresotransferred,adescriptionofeachfundoraccounttowhichthemoneyswere transferred
and the amount transferred to each fund oraccount;
and(viii)in respect of each payment particulars
of which are given inaccordance with subsection (vi) and
each transfer particularsof which are given in accordance with
subsection (vii) thedesignation within the industrial
organisation of the personwho approved the payment or transfer
and the date on whichthe approval was given; and(ix)theamountofthebalanceofthefundattheendofthefinancialyearor,inthecaseofafundthattheindustrialorganisation
ceased to operate before the end of the financialyear, the amount of the closing balance and,
if any part ofthatbalanceorclosingbalancehasbeeninvestedinanyassets,theamountsoinvestedandadescriptionofthoseassets.(3)In subsection (2)—(a)a
reference to a person includes a reference to any body
whethercorporate or unincorporated; and(b)a reference to a prescribed donation
or grant or to a prescribedloan is a
reference to a donation or grant made, or a loan granted,as
the case may be, by an industrial organisation to a member
ofthe industrial organisation on the
certification of the officer of theindustrialorganisationauthorisingthedonationorgrantortheloan,asthecasemaybe,thattheofficerwassatisfied,frominvestigations made by the officer, that the
donation or grant, or
s
7455s 74Industrial
Relations Regulation 1990the loan, was necessary to relieve the
member or a dependant ofthe member from severe financial
hardship.(4)Forthepurposesofsection454(2)oftheAct,theprescribedinformation—(a)is
to be made available in writing signed by the secretary of
theindustrial organisation; and(b)must—(i)if
the application was made by the Industrial Registrar—bedeliveredbyhandat,orsentbyprepaidpostto,theIndustrial
Registrar’s Office;(ii)if the
application was made by a member of the industrialorganisationandspecifiesanaddressinrelationtothemember—be sent by prepaid post to that
address;(iii)in any other
case—be left for collection at the office of theindustrial organisation.(5)For
the purposes of section 454(2) of the Act, the prescribed
timeis—(a)in relation to
an application made under section 454(1) of the Actby a
member of an industrial organisation—(i)except where subsection (ii) applies—28 days
after the dayof receipt of the application for the
information; or(ii)if,onanapplicationbythesecretaryoftheindustrialorganisation
(whether before or after the end of the periodreferred to in
subsection (i)), the Industrial Registrar certifiesthattheIndustrialRegistrarissatisfiedthat,forreasonsoutside the
control of the industrial organisation, it was, oris,
not practicable for the industrial organisation to make theinformationavailabletothememberwithinthatperiod—6 weeks after the day of receipt of
the applicationfor the information; or(b)in
relation to an application made under section 454(1) of the
Actby the Industrial Registrar—28 days after
the day of receipt of theapplication for the
information.
s
7556s 104Industrial
Relations Regulation 1990˙Evidence of
membership of industrial organisation to be supplied75.If the Industrial Registrar receives,
in accordance with section 454(1)of the Act, a
request purporting to be made by a member of an industrialorganisation, the Industrial Registrar may
require the person making therequest to
furnish evidence that the person is a member of the
industrialorganisation.˙Prescribed period in which audit is to be
conducted76.For the purposes of section 457(1) of
the Act, the prescribed periodis—(a)except where paragraph (b) applies—6
months; or(b)if, on an application made by an
auditor (whether before or aftertheexpirationoftheperiodreferredtoinparagraph(a)),theIndustrialRegistrarcertifiesthattheIndustrialRegistrarissatisfied that, for reasons outside
the control of the auditor, it was,or is, not
practicable for the auditor to complete within that periodthe
report referred to in section 457(1) of the Act—8 months.†PART 5—MISCELLANEOUS˙Way proposed amalgamated organisation’s
members may object toballot exemption100.Under section 417(3) of the Act, an
objection must be made to theCommission in the
form prescribed under theIndustrial Court Rules 1990.˙Offences and
penalties104.Exceptwhereanoffenceisexpresslyprescribedbyanyotherprovision of this
regulation—(a)a person who contravenes or fails to
comply with any provisionof this regulation; or(b)a person who—
s
10457Industrial Relations Regulation
1990s 104(i)fails to do that which the person is
directed or required to do;or(ii)does that which
the person is forbidden to do,by a person
acting under the authority of this regulation,commits an
offence against this regulation.Maximum
Penalty—20 penalty units.
59Industrial Relations Regulation
19903´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1to SL
No. 223 of 199327 July 19932to SL
No. 389 of 199425 November 1994´5Tables in earlier reprintsName
of tableTABLES IN EARLIER REPRINTSCorrected minor errorsReprint
No.1
60Industrial Relations Regulation
1990´6List of
legislationIndustrial Relations Regulation 1990pubd
ind gaz 13 October 1990 pp 203–42commenced on date
of publicationNote—(1) TheIndustrialRelationsRegulation1990inforceundertherepealedIndustrialRelationsAct1990remainsinforcefortheWorkplace Relations Act 1997 (see 1997
No. 1 s 493(1))(2) The regulation is to be read with the
changes necessary to make itconsistent with
and adapt its operation to the Workplace RelationsAct
1997 (see 1997 No. 1 s 493(2))as amended
by—Industrial Relations Amendment Regulation
(No. 1) 1993 SL No. 223notfd gaz 18 June 1993 pp 985–9commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 1) 1994 SL No. 389notfd gaz 4 November 1994 pp
1027–8commenced on date of notificationNote—Thisregulationexpiresonthedayafterthepublicationofthereprintmentioned in s 6
(see s 7)Workplace Relations Regulation 1997 SL No. 78
s 44notfd gaz 27 March 1997 pp 1333–6ss
1–2 commenced on date of notificationremaining
provisions commenced 27 March 1997 (see s 2)´7List of annotationsShort
titleamd R1 (see RA s 20)Repeal of
regulationss 1.2om 1993 SL No. 223 s 3Interpretations 1.3om
1993 SL No. 223 s 3PART 2—DISPUTE PREVENTION AND
SETTLEMENTpt hdgrep 1997 SL No.
78 s 44Dealing with demarcation disputess
2amd 1993 SL No. 223 s 4rep 1997 SL No.
78 s 44PART 3—INDUSTRIAL ORGANISATIONSDivision 3—Request to Industrial Registrar
for conduct of electionsdiv hdgsub 1993 SL No.
223 s 5
61Industrial Relations Regulation
1990When request to Industrial Registrar for
conduct of elections may be mades 17sub
1993 SL No. 223 s 5Unauthorised action in conduct of
ballots 18sub 1993 SL No. 223 s 5Division 4—Elections for officediv
hdgsub 1993 SL No. 223 s 5Application for
industrial organisation or branch to conduct its electionss
19sub 1993 SL No. 223 s 5Publication of
notice for purposes of s 352 of the Acts 20sub
1993 SL No. 223 s 5Objections to application to conduct
electionss 21sub 1993 SL No. 223 s 5Answer
to objectionss 22sub 1993 SL No. 223 s 5Hearing of application to conduct
electionss 23sub 1993 SL No. 223 s 5Revocationofexemptionallowinganindustrialorganisationorbranchtoconduct its electionss 24sub
1993 SL No. 223 s 5Prescribed information in relation to
election—s 355 of the Acts 25sub 1993 SL No.
223 s 5Division 5—Amalgamation of industrial
organisationsdiv hdgsub 1993 SL No.
223 s 5Interpretations 26sub
1993 SL No. 223 s 5Federationss 27sub
1993 SL No. 223 s 5Application for a community of interest
declarations 28sub 1993 SL No. 223 s 5Application for approval for submission of
amalgamation to ballots 29sub 1993 SL No.
223 s 5Application for exemption from ballots
30sub 1993 SL No. 223 s 5Application for
ballot not conducted under s 419 of the Acts 31sub
1993 SL No. 223 s 5Withdrawal of applications filed under s 397,
398, 400 or 401 of the Acts 32sub 1993 SL No.
223 s 5Prescribed matters—s 407(3) of the Acts
33sub 1993 SL No. 223 s 5
62Industrial Relations Regulation
1990Public notification of a refusal under s 408
of the Act to approve the submissionof an
amalgamation to ballots 34sub 1993 SL No.
223 s 5Time for filing an objection under s 409 of
the Acts 35sub 1993 SL No. 223 s 5Manner
of making objections—s 409 of the Acts 36sub
1993 SL No. 223 s 5Prescribed persons—s 409 of the Acts
37sub 1993 SL No. 223 s 5Prescribed
grounds—s 409 of the Acts 38sub 1993 SL No.
223 s 5Service of notice of objections
39sub 1993 SL No. 223 s 5Statement in
replys 40sub 1993 SL No. 223 s 5Hearing of objectionss 41sub
1993 SL No. 223 s 5Applicants to be heard before an application
may be refused under s 410 of theActs
42sub 1993 SL No. 223 s 5Roll of
voters—preparations 43sub 1993 SL No. 223 s 5Roll
of voters—inspection etc.s 44sub 1993 SL No.
223 s 5Form and publication of notice of
ballots 45sub 1993 SL No. 223 s 5Conduct of ballots 46prev
s 3.44 renum as s 3.67 1993 SL No. 223 s 8pres s 3.44 ins
1993 SL No. 223 s 5Scheme for amalgamation—Industrial Registrar
to supply copies of documentss 47prev
s 3.45 renum as s 3.68 1993 SL No. 223 s 8pres s 3.45 ins
1993 SL No. 223 s 5Schemeforamalgamation—electoralofficialtosupplycopiesofdocumentsonrequests 48prev
s 3.46 renum as s 3.69 1993 SL No. 223 s 8pres s 3.46 ins
1993 SL No. 223 s 5Duties of electoral official if ballot not
conducted under s 419 of the Acts 49prev
s 3.47 renum as s 3.70 1993 SL No. 223 s 8pres s 3.47 ins
1993 SL No. 223 s 5
63Industrial Relations Regulation
1990Ballot papers—formss 50prev
s 3.48 renum as s 3.71 1993 SL No. 223 s 8pres s 3.48 ins
1993 SL No. 223 s 5Issuing of ballot papers—attendance
votings 51prev s 3.49 renum as s 3.72 1993 SL
No. 223 s 8pres s 3.49 ins 1993 SL No. 223 s 5Dispatch of ballot papers—secret postal
ballotss 52prev s 3.50 renum as s 3.73 1993 SL
No. 223 s 8pres s 3.50 ins 1993 SL No. 223 s 5Duplicate ballot papers—attendance
votings 53prev s 3.51 renum as s 3.74 1993 SL
No. 223 s 8pres s 3.51 ins 1993 SL No. 223 s 5Duplicate ballot paper etc.—postal
votings 54ins 1993 SL No. 223 s 5Manner
of votings 55ins 1993 SL No. 223 s 5Custody of ballot paperss 56ins
1993 SL No. 223 s 5Scrutinys 57ins
1993 SL No. 223 s 5Scrutineerss 58ins
1993 SL No. 223 s 5Certificate showing particulars of the
ballots 59ins 1993 SL No. 223 s 5Preservation of ballot papers etc.s
60ins 1993 SL No. 223 s 5Inquiry into
ballot irregularity—applications 61ins
1993 SL No. 223 s 5Inquiry into ballot irregularity—directions
as to hearings 62ins 1993 SL No. 223 s 5Inquiry into ballot irregularity—inspection
of documentss 63ins 1993 SL No. 223 s 5Inquiry into ballot irregularity—procedure at
hearings 64ins 1993 SL No. 223 s 5Inquiry into ballot irregularity—interim
orders in case of uncompleted ballots 65ins
1993 SL No. 223 s 5Public notification of amalgamation
days 66ins 1993 SL No. 223 s 5Registration of amalgamated
organisations—prescribed particularss 67ins
1993 SL No. 223 s 5
64Industrial Relations Regulation
1990Notification of decisions, ballots
etc.—additional means may be useds 68ins
1993 SL No. 223 s 5Application for cancellation of registration
of an industrial organisations 69prev
s 3.44 renum 1993 SL No. 223 s 8CancellationofregistrationofdefunctindustrialorganisationonmotionoftheIndustrial Registrars
70prev s 3.45 renum 1993 SL No. 223 s 8Prescribed accounts—section 453(1) of the
Acts 71prev s 3.46 renum 1993 SL No. 223 s
8Prescribed accounts—section 467(5) of the
Acts 72prev s 3.47 renum 1993 SL No. 223 s
8Certificates to be given in accountss
73prev s 3.48 renum 1993 SL No. 223 s 8amd
1993 SL No. 223 s 6; 1994 SL No. 389 s 3Information to be
provided to members and Industrial Registrars 74prev
s 3.49 renum 1993 SL No. 223 s 8amd 1993 SL No.
223 s 7Evidence of membership of industrial
organisation to be supplieds 75prev s 3.50 renum
1993 SL No. 223 s 8Prescribed period in which audit is to be
conducteds 76prev s 3.51 renum 1993 SL No. 223 s
8PART 4—GENERAL CONDITIONS OF
EMPLOYMENTpt hdgins 1994 SL No.
389 s 4rep 1997 SL No. 78 s 44Division
1—Adoption leavediv hdgins 1994 SL No.
389 s 4rep 1997 SL No. 78 s 44Object of
Divisions 77ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Basic principless 78ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Definitions for
Divisions 79ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Entitlement to adoption leaves
80ins 1994 SL No. 389 s 4rep 1997 SL No.
78 s 44
65Industrial Relations Regulation
1990Conditions of entitlement to adoption
leaves 81ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Period of adoption leaves 82ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Entitlement
reduced by other adoption leave available to employees
83ins 1994 SL No. 389 s 4rep 1997 SL No.
78 s 44Annualleaveorlongserviceleavetakeninsteadof,orinconjunctionwith,adoption leaves 84ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Extending adoption
leaves 85ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Shortening adoption leaves 86ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Cancellation of
adoption leave if employee does not finish 1 year of
continuousservices 87ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Cancellation of
adoption leave in other circumstancess 88ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Effect on adoption
leave if placement does not happens 89ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44What happens if
employee ceases to be the primary caregivers 90ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Employee’sdutyifexcessiveleavegivenorifperiodsoflongadoptionleaveoverlaps
91ins 1994 SL No. 389 s 4rep 1997 SL No.
78 s 44Employer to warn replacement employee
employment is only temporarys 92ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Return to work
after adoption leaves 93ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44
66Industrial Relations Regulation
1990Adoption leave and continuity of
services 94ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Division 2—Dismissaldiv hdgins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44Interpretations 95ins
1994 SL No. 389 s 4rep 1997 SL No. 78 s 44CertainemployeesexcludedfromoperationofPt12,Div5,Sdiv3oftheAct—s 290(3) of
the Acts 96ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Matters to be disregarded when calculating
continuous services 97ins 1994 SL No. 389 s 4rep
1997 SL No. 78 s 44Steps to remedy deficiency in awards or
industrial agreementss 98prev s 4.1 renum
as s 4.4 1994 SL No. 389 s 5pres s 4.1 ins
1994 SL No. 389 s 5rep 1997 SL No. 78 s 44Way Commission
must notify industrial organisation of applications
99prev s 4.2 renum as s 4.5 1994 SL No. 389 s
5pres s 4.2 ins 1994 SL No. 389 s 5rep
1997 SL No. 78 s 44Wayproposedamalgamatedorganisation’smembersmayobjecttoballotexemptions
100prev s 4.3 renum as s 4.6 1994 SL No. 389 s
5pres s 4.3 ins 1994 SL No. 389 s 5Application for issue of authorisations
101prev s 4.4 renum as s 4.7 1994 SL No. 389 s
5pres s 4.4 (prev s 4.1) renum 1994 SL No.
389 s 5rep 1997 SL No. 78 s 44Certificate of
employment on terminations 102(prev s 4.2)
renum 1994 SL No. 389 s 5rep 1997 SL No. 78 s 44Notice
of attachments 103(prev s 4.3) renum 1994 SL No. 389 s
5rep 1997 SL No. 78 s 44Offences and
penaltiess 104(prev s 4.4) renum 1994 SL No. 389 s
5SCHEDULE 1rep 1997 SL No.
78 s 44
67Industrial Relations Regulation
1990´8Table of
renumbered provisionsTABLE OF RENUMBERED PROVISIONSunder
section 43 of the Reprints Act 1992 and section 6 of the Industrial
RelationsAmendment Regulation (No. 1) 1994OriginalRenumbered
as1.112.123.133.243.353.463.573.683.793.8103.9113.10123.11133.12143.13153.14163.15173.16183.17193.18203.19213.20223.21233.22243.23253.24263.25273.26283.27293.28303.29313.30323.31333.32343.33353.34363.3537
