Fair Work (Registered Organisations) Regulations 2009
Citation changes
Fair Work (Registered Organisations) Regulations 2009
21 Mar 2023
Fair Work (Registered Organisations) Regulations 2009
01 Jul 2009 - 30 Apr 2003
Workplace Relations (Registration and Accountability of Organisations) Regulations 2003
01 May 2003 - 30 Jun 2009

In force

Administered by

Department of Employment and Workplace Relations

This item is authorised by the following title:

Fair Work (Registered Organisations) Act 2009

Superseded version

View latest version

F2011C00981

15 December 2011 - 11 December 2012

This instrument was backcaptured in accordance with section 36 of the Legislative Instruments Act 2003.

Table of contents

1 Name of Regulations [see Note 1]
2 Commencement
3 Definitions
4 Meaning of approved auditor
5 Declaration envelope — prescribed form
6 Postal ballot — prescribed form of prepaid envelope
7 Employing authorities
8 State industrial authorities
8A Prescribing federal counterpart
9 Declarations — prescribed officers
10 Prescribed State (RAO Schedule, Ch 11, Pt 7)
11 Prescribed State Act (Ch 11, Pt 7)
12 Authorisation to make, sign or lodge documents
13 Lodgment of documents with FWA
14 Content of notices of objections lodged with FWA
15 Service of documents
16 Publication of documents
17 Sending documents
18 Supply of copies of documents
19 Supply of copies of rules (s 347)
20 Inspection of documents
21 Application for registration (s 18)
22 Notification of application for registration (s 18)
23 Objection to registration (s 18)
24 Hearing of application for registration (s 18)
25 Withdrawal of application for registration (s 18)
26 Applicants for Federal Court order (s 23 (2) (b))
27 Application to change name of association or to alter its rules (s 25)
28 Alteration of rules — lodgment of copies (s 25)
29 Registration of associations — prescribed particulars (s 26 (1))
30 Prescribed form of certificate of registration (s 26 (4))
31 Issue of copy and replacement certificates (s 26 (6))
32 Extract from register [see Note 2]
33 Cancellation of registration (Schedule 1, s 30 (1) (a))
34 Application for cancellation of registration (s 30 (1) (a))
35 Application for cancellation of registration (s 30 (1) (b))
36 Cancellation of registration of defunct organisation (s 30 (1) (c))
37 Definitions
38 Federations (s 38 (1))
39 Application for a community of interest declaration (s 43 (1))
40 Application for approval for submission of amalgamation to ballot (s 44 (1))
41 Application for exemption from ballot (s 46 (1))
42 Application for ballot not conducted under section 65 of RAO Schedule (s 47 (1))
43 Withdrawal of applications lodged under section 43, 44, 46 or 47 of the Act
44 Submissions at amalgamation hearings — prescribed matters (s 54 (3))
45 Public notification of refusal to approve the submission of an amalgamation to ballot (s 55 (2))
46 Manner of making objections (s 56)
47 Prescribed persons who may make an objection (s 56 (3))
48 Prescribed grounds for an objection (s 56 (3))
49 Prescribed time for lodging an objection (s 57 (1))
50 Service of notice of objection (s 56)
51 Statement in reply to an objection (s 56)
52 Hearing of objections (s 56)
53 Applicants to be heard before an application may be refused (s 57 (2))
54 General Manager to supply copies of documents to AEC (s 50)
55 Form and publication of notice of ballot (s 58)
56 Preparation of roll of voters (s 59)
57 Inspection of roll of voters (s 59)
58 Scheme for amalgamation — electoral official to supply copies of documents on request (s 65 (8))
59 Ballot not conducted under section 65 of the Act — electoral official to fix commencement and closing times, and give information and material to persons entitled to vote
60 Ballot papers — forms (s 65)
61 Issuing of ballot papers — attendance voting (s 64)
62 Duplicate ballot papers — attendance voting (s 64)
63 Dispatch of ballot papers (s 65 (8))
64 Duplicate ballot paper etc — postal voting (s 64 (b) (vi) and 65 (8))
65 Manner of voting (s 65 (8))
66 Custody of ballot papers (s 64 and 65 (8))
67 Scrutiny (s 64 and 65 (8))
68 Scrutineers (s 64 and 65 (8))
69 Post ballot report by AEC (s 68 (2)) [see Note 2]
70 Declaration of ballot (s 69)
71 Preservation of ballot papers
72 Request by member for information about ballot
73 Application for inquiry into ballot irregularity (s 69 (1))
74 Hearing of inquiry into ballot irregularity (s 69 (3))
75 Inspection of documents for inquiry (s 69 (3))
76 Inquiry into ballot irregularity — procedure at hearing (s 69 (3))
77 Inquiry into ballot irregularity — orders if ballot not completed (s 69 (3))
78 Public notification of amalgamation day (s 73 (2))
79 Registration of amalgamated organisations (s 73 (3) (a))
80 Definitions
81 Application for ballot — number of constituent members (s 94 (3) (a))
82 Application for ballot — prescribed form (s 94 (4))
83 Outline of proposed withdrawal — matters to be addressed (s 95 (1) (b))
84 Commencing day and closing day (s 100)
85 General Manager to supply copies of question (s 102 (1))
86 Form and publication of notice of ballot (s 102 (1))
87 Conduct of ballot (s 102 (1))
88 Roll of voters for ballot — preparation (s 101)
89 Roll of voters for ballot — inspection (s 102 (1))
90 Electoral official to supply copies of question (s 102 (1))
91 Dispatch of ballot papers (s 102 (1))
92 Ballot paper (s 102 (1))
93 Duplicate ballot paper (s 102 (1))
94 Manner of voting (s 102 (1))
95 Custody of ballot papers (s 102 (1))
96 Scrutiny of ballot (s 102 (1))
97 Scrutineers (s 102 (1))
98 Post ballot report by AEC (s 107)
99 Declaration of ballot (s 108)
100 Preservation of ballot papers (s 108 (1))
101 Request by member for information about ballot
102 Application for inquiry into ballot irregularity (s 108 (1))
103 Inquiry into ballot irregularity (s 108 (3))
104 Inquiry into ballot irregularity — inspection of documents (s 108 (3))
105 Inquiry into ballot irregularity — procedure at hearing (s 108 (3))
106 Inquiry into ballot irregularity — orders if ballot not completed (s 108 (3))
107 Application for withdrawal day (s 109)
108 Registration of constituent part (s 110)
109 Supply of copies of determination (s 109 (1) (a) and (b))
110 Constituent part
111 Applicants for orders under subsection 131 (2) of the Act — prescribed persons
112 Conduct of ballot (s 64 and 65)
113 Ballots conducted by AEC — no unauthorised action
114 No action for defamation in certain cases
114A Representation rights of former State registered association subject to demarcation order — transitional registration without demarcation order and no previous order under Chapter 4 of the RAO Schedule (section 138A)
114B Representation rights of former State registered associations subject to demarcation order — no transitional registration and no previous order under Chapter 4 of the Act (section 138A)
114C Representation rights of former State registered associations subject to demarcation order — transitional registration with demarcation order and no previous order under Chapter 4 of the Act (section 138A)
114D Representation rights of former State registered association involved in proceedings regarding representation rights in a State or Territory immediately before the reform commencement (section 138A)
115 Application for exemption from requirement for postal ballot (s 144 (2))
116 Prescriptions for purposes of paragraph 144 (6) (b) and subsection 144 (7) of the Act
117 Membership agreements — prescribed form (s 151 (1))
118 Assets and liabilities agreements — prescribed form (s 152 (2))
119 Hearing in relation to alterations of rules (s 156 (1))
120 Hearing in relation to alteration of rules — breach of undertaking (s 157 (2)) [see Note 2]
121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158 (1))
122 Notification of application for consent to change of name or alteration of eligibility rules (s 158)
123 Withdrawal of application for consent to change name (s 158)
124 Change of name or alteration of eligibility rules of organisation — objections (s 158)
125 Change of name etc — hearing of application for consent (s 158)
125A Matter prescribed for alteration of eligibility rules (s 158A)
125B Manner of application to alter eligibility rules (s 158A)
125C Notice of application to alter eligibility rules (s 158A)
125D Withdrawal of application to alter eligibility rules (s 158A)
125E Notice of withdrawal of application to alter eligibility rules (s 158A)
125F Objection to application to alter eligibility rules (s 158A)
125G Hearing about application to alter eligibility rules (s 158A)
125H Correction of eligibility rules — typographical, clerical or formal error
126 Alteration of other rules of organisations (s 159 (1))
127 Hearing in relation to rules contravening section 142 of the Act (s 163)
128 Conscientious objection — issue of certificates (s 180 (1))
129 Conscientious objection — renewal of certificates (s 180 (3))
130 Conscientious objection — revocation of certificates (s 180 (4))
131 Preparation and inspection of voter rolls (s 182)
132 Rules for purpose of sections 193, 197 and 198 of the Act
133 Application for organisation or branch to conduct its elections for office (s 183 (1)) [see Note 2]
134 Publication of notice for subsection 183 (4) of the Act
135 Objections to application to conduct elections for office (s 184 (1)) [see Note 2]
136 Hearing of application to conduct elections for office (s 184 (2))
137 Revocation of exemption allowing an organisation or branch to conduct its elections for office (s 186 (2))
138 Prescribed information for election (s 189 (1))
139 Availability of post election report (s 193)
140 Declaration of result of election (s 193)
141 Post election report by AEC (s 197 (2))
142 Adverse report on rules (s 198)
143 Application for inquiry into election (s 200)
144 Prescribed form of identity card (s 203 (2) (a))
145 Elections conducted by AEC — no unauthorised action
146 No action for defamation in certain cases
147 Prescribed records to be kept and lodged by organisations (s 230 (1) (d))
148 Prescribed day for keeping copy of register (s 231 (2))
149 Prescribed time to lodge information (s 233 (1))
150 Prescribed officer for lodging information (s 233 and 236 (1))
151 Prescribed period for notification of change to records (s 233 (2))
152 Notice to be published (s 241 (1))
153 Application for determination of reporting units (s 246 (1) (a))
154 Determination of reporting units (s 247)
155 Application for revocation of certificate (s 249 (4) (a))
156 Prescribed procedure for revoking certificate (s 249 (6) (b) and (7))
157 Opportunity to be heard (s 247 and 249)
158 Keeping records (s 252 (1) (a))
159 Prescribed information contained in operating report (s 254 (2) (f))
160 Limit on length of written representations (s 263 (5))
161 Concise report (s 265 (3) (a))
162 Prescribed officer for issuing certificate (s 268 (c))
163 Prescribed State Act (s 269 (1) (a))
164 Preparation of general purpose financial report (s 270)
165 Prescribed circumstances (s 271 (1))
166 Information to be given to members (s 272 (1) and (2))
167 Evidence of membership of organisation to be supplied (s 272 (1))
168 Civil penalty provisions
169 Pecuniary penalty orders that the Federal Court may make
170 Other orders
171 Who may apply for an order
172 Civil proceedings after criminal proceedings
173 Criminal proceedings during civil proceedings
174 Criminal proceedings after civil proceedings
175 Evidence given in proceedings for penalty not admissible in criminal proceedings
176 Relief from liability for contravention of civil penalty provision
177 Authorisation to act in relation to applications or proceedings
178 Proceedings before General Manager
179 Proceedings before FWA
180 Use of previous evidence
181 General powers of General Manager
181A Delegation by General Manager to staff — prescribed class of employees
182 Information to be provided to members or General Manager (RAO Schedule, s 272 (1) (as modified by item 46 of Schedule 1 to the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002))
- Schedule 1A Federal counterparts
- Part 1 New South Wales
- Part 2 Queensland
- Part 3 Western Australia
- Part 4 South Australia
- Part 5 Tasmania
- Schedule 1 Transitionally recognised associations
- Part 1 Representation rights of transitionally recognised associations of employees
- Division 1 Orders about representation rights of transitionally recognised associations of employees — no prior order for State registered association
- Division 2 Orders about representation rights of transitionally recognised associations of employees — prior order about State registered association
- Division 3 Proceedings about representation rights in State or Territory immediately before reform commencement
- Part 2 Cancellation of transitional recognition
- Part 3 Modification of the Act for transitionally recognised associations
- Schedule 1AA Prescribed State laws
- Schedule 2 Recognised State registered associations
- Schedule 3 Forms
- Form 1 Certificate of registration
- Form 2 Application for ballot under Part 3 of Chapter 3
- Form 3 Ballot paper under Part 3 of Chapter 3
- Form 4 Application for determination of day of withdrawal from amalgamation
- Form 5 Agreement between organisation and State union
- Form 6 Agreement between organisation and State union
- Form 7 Certificate of conscientious objection to membership of association
- Form 8 Identity card — designated FWA official
- Notes to the STYLEREF Title Fair Work (Registered Organisations) Regulations 2009

Legislation text