An Act to enact certain provisions consequential upon the cancellation of the registration under the Conciliation and Arbitration Act 1904 of The Australian Building Construction Employees’ and Builders Labourers’ Federation, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986.
2 Commencement [see Note 1]
This Act shall come into operation immediately after the Builders Labourers’ Federation (Cancellation of Registration) Act 1986 comes into operation.
3 Interpretation
In this Act, unless the contrary intention appears:
award means:
(a) an award made under, or a certified agreement that is taken to be an award made under, the Workplace Relations Act, as in force immediately before the commencement of the Fair Work Act; or
(b) an award made under the Conciliation and Arbitration Act, an order made by the Australian Conciliation and Arbitration Commission under that Act or a memorandum certified in accordance with section 28 of that Act.
Conciliation and Arbitration Act means the Conciliation and Arbitration Act 1904.
Fair Work Act means the Fair Work Act 2009.
Fair Work Australia, or FWA, means the body established by section 575 of the Fair Work Act.
Fair Work (Registered Organisations) Act means the Fair Work (Registered Organisations) Act 2009.
Federation means:
(a) subject to paragraph (b), the association that was registered under the Conciliation and Arbitration Act by the name “The Australian Building Construction Employees’ and Builders Labourers’ Federation”; or
(b) if the name of that association has been or is changed—that association under the new name.
non‑registered association means:
(a) the Federation; or
(b) another association:
(i) that is not an organisation within the meaning of the Fair Work (Registered Organisations) Act; and
(ii) that was formed in or in connection with the industry or a part of the industry in or in connection with which The Australian Building Construction Employees’ and Builders Labourers’ Federation was registered under the Conciliation and Arbitration Act immediately before the commencement of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986; and
(iii) a substantial number of the members of which are persons who are within one or more of the following categories:
(A) persons who are or have been members of the Federation;
(B) persons who perform work that renders them eligible, or that would, if performed in another part of Australia, render them eligible, to be members of the Federation;
(C) persons who perform work that, if they had been performing it immediately before the commencement of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986, would have rendered them eligible or would, if performed in another part of Australia, have rendered them eligible, to be members of the Federation.
State association means:
(a) each of the following associations:
(i) the association that was registered under the Trade Union Act 1881 of New South Wales by the name “Building Construction Employees and Builders Labourers’ Federation of New South Wales”;
(ii) the association that was registered under the Industrial Relations Act 1990 of Queensland by the name “Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees”;
(iii) the association that was registered under the Industrial Arbitration Act, 1979 of Western Australia by the name “The Australian Builders’ Labourers’ Federated Union of Workers—Western Australian Branch”;
(iv) the association that was registered under the Industrial Conciliation and Arbitration Act, 1972 of South Australia by the name “Australian Building and Construction Workers’ Federation”;
(v) the association that was registered under the Industrial Relations Act 1984 of Tasmania by the name “The Australian Building Construction Employees’ and Builders Labourers’ Federation, Tasmanian Branch”; or
(b) if the name of an association referred to in paragraph (a) has been or is changed—that association under the new name.
Workplace Relations Act means the Workplace Relations Act 1996 (other than Schedule 1 to that Act).
4 Effect on Federation of cancellation of registration
(1) Subsection 143(5) of the Conciliation and Arbitration Act does not apply in relation to the Federation or its members but subsections 143(4) and (6) of that Act apply in spite of the repeal of that Act.
(2) Any award that would, but for this subsection, apply to the Federation or its members does not have any effect in relation to the Federation or its members.
(3) Subject to subsection (3A), a non-registered association:
(a) is not capable of being a party to a proceeding before FWA; and
(b) is not capable of being a party to an award made by FWA.
(3A) A State association, other than the Building Construction Employees and Builders Labourers’ Federation of New South Wales, may make an objection in relation to an amalgamation under section 56 of the Fair Work (Registered Organisations) Act and regulations made under that Act.
(4) Subject to subsection (5), FWA does not have any powers under the Fair Work Act or the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute resulted from:
(a) an act done by a non‑registered association or by persons who are members of a non‑registered association; or
(b) an act done by an employer in relation to a non‑registered association or in relation to persons who are members of a non‑registered association.
(5) Nothing in this section prevents FWA from exercising powers under the Fair Work Act and the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute involves members of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act who are also members of a non-registered association.
5 Registration
Despite anything in the Fair Work (Registered Organisations) Act, a non-registered association is not entitled to apply to be registered under that Act, and is not entitled to be registered under that Act, unless:
(a) FWA, on application by the non-registered association, has declared that it is satisfied that:
(i) if the non-registered association were registered under that Act, the non-registered association would not engage in conduct inimical to the prevention and settlement of industrial disputes by means of conciliation and arbitration; and
(ii) the registration of the non-registered association under that Act would not prevent or seriously hinder the achievement of:
(A) an object of the Fair Work Act; or
(B) Parliament’s intention in enacting the Fair Work (Registered Organisations) Act; and
(b) the requirements of the Fair Work (Registered Organisations) Act, and of the regulations in force under that Act, that would, apart from this section, apply in relation to an application by the non-registered association for registration under that Act have been complied with.
6 Powers and procedure of FWA
(1) The powers of FWA under or by virtue of this Act are exercisable by a Full Bench of FWA.
Note: A Full Bench of FWA is constituted under section 618 of the Fair Work Act.
(2) The provisions of the Fair Work Act, and of the regulations in force under that Act, with respect to the procedure and powers of FWA in relation to proceedings before it under that Act apply, so far as they are capable of application, in relation to proceedings before FWA under or by virtue of this Act.
(3) On an application under paragraph 5(a), the Minister and the non-registered association may be represented by counsel or solicitor.
7 Eligibility of certain building industry employees for membership of certain organizations
(1) A reference in this section to a relevant industry is a reference to an industry in or in connection with which The Australian Building Construction Employees’ and Builders Labourers’ Federation was, immediately before the commencement of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986, registered under the Conciliation and Arbitration Act.
(2) Where the Secretary or another executive officer of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act has consented in writing to persons who are, or are usually, employed in work of a specified kind or class, in Australia or in a specified part or parts of Australia, in a relevant industry being made eligible for membership of that organization, the regulations may declare those persons to be eligible for membership of that organization, and, where the regulations so declare, those regulations have effect according to their tenor notwithstanding anything in the rules of that organization as in force at the time when the regulations came into operation.
(3) The making of regulations for the purposes of this section declaring persons referred to in the regulations to be eligible for membership of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act does not preclude the making of any alteration to the rules of that organization and, if an alteration so made which has been consented to under section 36 of that Act is inconsistent with the terms of the regulations, the regulations, to the extent of the inconsistency, cease to have effect.
(4) Regulations made for the purposes of this section continue in force notwithstanding that a non‑registered association becomes registered under the Fair Work (Registered Organisations) Act.
8 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(a) Sections 3(a), (b), 4(2) and 6 of the Builders Labourers’ Federation Legislation Amendment Act 1990 were repealed on 27 June 1991 by virtue of subsections 2(3) and (4).
Subsections 2(3) and (4) provide as follows:
(3) If the commencement of a provision referred to in subsection (2) is not fixed by a Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the provision is repealed on the first day after the end of that period.
(4) If paragraph 4(1)(b) commences under subsection (2) and subsection 4(2) does not commence at the same time as paragraph 4(1)(b), subsection 4(2) is repealed on the day on which paragraph 4(1)(b) commences.
(b) The Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986 was amended by Schedule 19 (items 7–11) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986 was amended by the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002, subsection 2(1) (items 4, 6, 8, 10, 12, 14, 16, 18, 20 and 22) of which provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 4. Schedule 3, items 4 and 5 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 6. Schedule 3, item 8 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 8. Schedule 3, items 10, 11 and 12 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 10. Schedule 3, items 15 and 16 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 12. Schedule 3, item 19 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 14. Schedule 3, item 21 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 16. Schedule 3, items 24 and 25 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 18. Schedule 3, item 27 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |
| 20. Schedule 3, item 29 | Immediately after section 15 of the Industrial Relations Legislation Amendment Act 1990 commenced | 1 February 1991 (Gazette 1991, No. S18) |
| 22. Schedule 3, item 31 | Immediately after item 1 of Schedule 19 to the Workplace Relations and Other Legislation Amendment Act 1996 commences | 25 November 1996 |