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Workplace Relations (Registered Organisations) Bill 2001

Part 2 Rules of organisations

Division 1 General

138   Organisations to have rules

             (1)  An organisation must have rules that make provision as required by this Act.

             (2)  A rule of an organisation making provision required by this Act to be made may be mandatory or directory.

139   Rules of organisations

             (1)  The rules of an organisation:

                     (a)  must specify the purposes for which the organisation is formed and the conditions of eligibility for membership; and

                     (b)  must provide for:

                              (i)  the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and

                             (ii)  the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and

                            (iii)  the removal of holders of offices in the organisation and its branches; and

                            (iv)  the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and

                             (v)  the manner in which documents may be executed by or on behalf of the organisation; and

                            (vi)  the manner of notifying the Commission of industrial disputes; and

                           (vii)  the times when, and the terms on which, persons become or cease (otherwise than by resignation) to be members; and

                           (viii)  the resignation of members under section 172; and

                            (ix)  the manner in which the property of the organisation is to be controlled and its funds invested; and

                             (x)  the yearly or other more frequent audit of the accounts; and

                            (xi)  the conditions under which funds may be spent; and

                           (xii)  the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and

                           (xiii)  the manner in which its rules may be altered; and

                     (c)  may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:

                              (i)  misappropriation of the funds of the organisation; or

                             (ii)  a substantial breach of the rules of the organisation; or

                            (iii)  gross misbehaviour or gross neglect of duty;

                            or has ceased, under the rules of the organisation, to be eligible to hold the office; and

                     (d)  must require the organisation to inform applicants for membership, in writing, of:

                              (i)  the financial obligations arising from membership; and

                             (ii)  the circumstances, and the manner, in which a member may resign from the organisation; and

                     (e)  must provide that no membership dues are payable by a person in relation to a period during which the person is:

                              (i)  not eligible to become a member of the organisation; and

                             (ii)  not actively participating in the affairs of the organisation.

Note 1:       Section 164 deals with entitlement to membership of organisations.

Note 2:       See also section 177 (liability for arrears).

             (2)  Paragraph (1)(e) is not to be taken to require the rules of an organisation to provide for refunds of membership fees paid in advance.

             (3)  The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.

             (4)  The rules of an organisation may also provide for any other matter.

             (5)  In this section:

committee , in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.

140   General requirements for rules

                   The rules of an organisation:

                     (a)  must not be contrary to, or fail to make a provision required by this Act, the Workplace Relations Act, an award, a certified agreement or an old IR agreement, or otherwise be contrary to law; and

                     (b)  must not be such as to prevent or hinder members of the organisation from:

                              (i)  observing the law or the provisions of an award, an order of the Commission, a certified agreement or an old IR agreement; or

                             (ii)  entering into written agreements under an award, an order of the Commission, a certified agreement or an old IR agreement; and

                     (c)  must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to the objects of this Act and the Workplace Relations Act and the purposes of the registration of organisations under this Act, are oppressive, unreasonable or unjust; and

                     (d)  must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.



 

Division 2 Rules relating to elections for office

141   Rules to provide for elections for offices

             (1)  The rules of an organisation:

                     (a)  must provide for the election of the holder of each office in the organisation by:

                              (i)  a direct voting system; or

                             (ii)  a collegiate electoral system that, in the case of a full-time office, is a one-tier collegiate electoral system; and

                     (b)  must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and

                     (c)  must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and

                     (d)  must make provision for:

                              (i)  the manner in which persons may become candidates for election; and

                             (ii)  the duties of returning officers; and

                            (iii)  the declaration of the result of an election; and

                     (e)  must provide that, where a ballot is required, it must be a secret ballot, and must make provision for:

                              (i)  in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and

                             (ii)  absent voting; and

                            (iii)  the conduct of the ballot; and

                            (iv)  the appointment, conduct and duties of scrutineers to represent the candidates at the ballot; and

                      (f)  must be such as to ensure, as far as practicable, that no irregularities can occur in relation to an election.

             (2)  Without limiting section 140, the rules of an organisation relating to elections may provide for compulsory voting.

             (3)  The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.

             (4)  A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.

             (5)  The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.

             (6)  The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.

142   Rules to provide for elections for office by secret postal ballot

             (1)  Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.

             (2)  An organisation may lodge in the Industrial Registry an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.

             (3)  If the Industrial Registrar is satisfied, on application by an organisation under subsection (2):

                     (a)  that the proposed alterations of the rules:

                              (i)  comply with and are not contrary to this Act (other than subsection (1)), the Workplace Relations Act, awards, certified agreements and old IR agreements; and

                             (ii)  are not otherwise contrary to law; and

                            (iii)  have been decided on under the rules of the organisation; and

                     (b)  that the conduct of a ballot under the rules of the organisation as proposed to be altered:

                              (i)  is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and

                             (ii)  will afford to members entitled to vote an adequate opportunity of voting without intimidation;

the Industrial Registrar may grant to the organisation an exemption from subsection (1).

             (4)  Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the Industrial Registrar grants to the organisation an exemption from subsection (1).

             (5)  An exemption under subsection (3) remains in force until revoked under subsection (6).

             (6)  The Industrial Registrar may revoke an exemption granted to an organisation under subsection (3):

                     (a)  on application by the organisation, if the Industrial Registrar is satisfied that the rules of the organisation comply with subsection (1); or

                     (b)  if the Industrial Registrar is no longer satisfied:

                              (i)  that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or

                             (ii)  of a matter referred to in paragraph (3)(b);

                            and the Industrial Registrar has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.

             (7)  Where the Industrial Registrar revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the Industrial Registrar may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the Industrial Registrar’s opinion, necessary to bring them into conformity with subsection (1).

             (8)  An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.

             (9)  Subsection 81(1) of the Workplace Relations Act does not apply in relation to a decision of the Industrial Registrar to grant an exemption under subsection (3).

Note:          Subsection 81(1) of the Workplace Relations Act provides for appeals from certain decisions of the Industrial Registrar.

           (10)  This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.

143   Rules to provide for terms of office

             (1)  The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re-election.

             (2)  The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.

             (3)  The term of an office must not be extended under subsection (2) so that the term exceeds 5 years.

             (4)  A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.

144   Rules may provide for filling of casual vacancies

             (1)  The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.

             (2)  Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:

                     (a)  12 months; or

                     (b)  three-quarters of the term of the office;

whichever is the greater.

             (3)  Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.

             (4)  A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.

             (5)  In this section:

ordinary election means an election held under rules that comply with section 141.

relevant provisions , in relation to an organisation, means:

                     (a)  the provisions of this Act (other than this section); and

                     (b)  the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.

term , in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 143(2)) to hold the office without being re-elected.

145   Model rules for conduct of elections

             (1)  The Minister may, by notice published in the Gazette , issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.

             (2)  The Minister may, by signed instrument, delegate the power under subsection (1) to the Electoral Commissioner.

Note:          The Minister may also delegate this power under section 322.



 

Division 3 Rules relating to conduct of officers and employees

146   Model rules about conduct of officers and employees

                   The Minister may, by notice published in the Gazette , issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.

Note:          Part 4 of Chapter 8 deals with the conduct of officers and employees.



 

Division 4 Other rules

Subdivision A Loans, grants and donations

147   Rules to provide conditions for loans, grants and donations by organisations

             (1)  The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:

                     (a)  has satisfied itself:

                              (i)  that the making of the loan, grant or donation would be in accordance with the other rules of the organisation; and

                             (ii)  in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and

                     (b)  has approved the making of the loan, grant or donation.

             (2)  In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:

                     (a)  is for the purpose of relieving the member or any of the member’s dependants from severe financial hardship; and

                     (b)  is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.

             (3)  In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:

                     (a)  whether the loan, grant or donation was made under the rules of the organisation; and

                     (b)  in the case of a loan:

                              (i)  whether the security (if any) given for the repayment of the loan is adequate; and

                             (ii)  whether the arrangements for the repayment of the loan are satisfactory.

             (4)  Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out-of-pocket expenses incurred by persons for the benefit of the organisation.

             (5)  In this section, a reference to an organisation includes a reference to a branch of an organisation.

             (6)  For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.

Subdivision B Agreements between organisations and State unions

148   Definitions

                   In this Subdivision:

ineligible State members , in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.

State Act means:

                     (a)  the Industrial Relations Act 1996 of New South Wales; or

                     (b)  the Industrial Relations Act 1999 of Queensland; or

                     (c)  the Industrial Relations Act 1979 of Western Australia; or

                     (d)  the Industrial and Employee Relations Act 1994 of South Australia; or

                     (e)  an Act of a State that is prescribed for the purposes of this Subdivision.

State union , in relation to an organisation, means:

                     (a)  an association of employees which is registered under a State Act; or

                     (b)  an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;

and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.

149   Membership agreements

             (1)  The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.

             (2)  If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement in the Industrial Registry.

Note:          This subsection is a civil penalty provision (see section 284).

             (3)  The agreement does not come into force unless and until the Industrial Registrar enters particulars of the agreement in the register kept under paragraph 11(1)(a).

             (4)  The Industrial Registrar must not enter particulars of the agreement in that register unless he or she has been directed by the Commission to do so.

             (5)  The Commission must not give such a direction to the Industrial Registrar unless the Commission is satisfied that the agreement:

                     (a)  is not contrary to:

                              (i)  any object of this Act or the Workplace Relations Act; or

                             (ii)  any subsisting order made by the Commission relating to the organisation’s eligibility rules; or

                            (iii)  any subsisting agreement or understanding of which the Commission is aware that deals with the organisation’s entitlement to represent under this Act, or the Workplace Relations Act, the industrial interests of a particular class or group of employees; and

                     (b)  was entered into only for the purpose of:

                              (i)  overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or

                             (ii)  encouraging and facilitating an amalgamation between the organisation and another organisation of employees.

             (6)  An organisation is not entitled to represent under this Act, or the Workplace Relations Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).

             (7)  If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 219(1)(a).

             (8)  If it appears to the Commission:

                     (a)  of its own motion; or

                     (b)  on application by an interested person;

that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the Commission must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.

             (9)  If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the Commission is satisfied that the agreement is no longer operating for such a purpose, the Commission may, by order, terminate the agreement.

           (10)  The Industrial Registrar must as soon as practicable:

                     (a)  give notice of the termination to each party to the agreement; and

                     (b)  enter particulars of the termination in the register kept under paragraph 11(1)(a).

           (11)  If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1):

                     (a)  the organisation must lodge in the Industrial Registry a copy of the agreement to terminate; and

                     (b)  the Industrial Registrar must as soon as practicable enter particulars of the termination in the register kept under paragraph 11(1)(a).

Note:          Paragraph (a) is a civil penalty provision (see section 284).

           (12)  The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.

150   Assets and liabilities agreements

             (1)  The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.

             (2)  The agreements must be in the prescribed form.

             (3)  If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement in the Industrial Registry.

Note:          This subsection is a civil penalty provision (see section 284).

             (4)  The agreement does not come into force unless and until the Industrial Registrar enters particulars of the agreement in the register kept under paragraph 11(1)(a).

             (5)  The Industrial Registrar must not enter particulars of the agreement in that register unless he or she has been directed by the Commission to do so.

             (6)  The Commission must not give such a direction to the Industrial Registrar unless the Commission is satisfied that the agreement:

                     (a)  is not contrary to any object of this Act or the Workplace Relations Act; and

                     (b)  does not adversely affect the interests of any lessor, lessee or creditor of the organisation or State union.

151   Party to section 150 agreement may apply to Federal Court for orders

             (1)  An organisation or a State union who is a party to an agreement made under section 150 (a section 150 agreement ) may apply to the Federal Court for orders:

                     (a)  requiring the other party to comply with the agreement; or

                     (b)  resolving any difficulty in the operation or interpretation of the agreement;

and the Court may make such orders as it thinks fit.

             (2)  In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.

             (3)  An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.

152   Termination of section 150 agreement

             (1)  If an organisation and a State union agree, in writing, to terminate an agreement made under section 150 (a section 150 agreement ), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.

             (2)  The Court must not approve the termination unless:

                     (a)  the parties have made an agreement (a termination agreement ) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 150 agreement; or

                     (b)  the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 150 agreement.

             (3)  In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:

                     (a)  the positions of the organisation and State union in relation to their respective assets and liabilities before the section 150 agreement took effect;

                     (b)  the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 150 agreement took effect will be dealt with after termination of the agreement;

                     (c)  how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;

                     (d)  any other factor that the Court considers relevant.

             (4)  If the Court approves a termination agreement, the Court must direct the Industrial Registrar to enter particulars of the agreement in the register kept under paragraph 11(1)(a), and particulars of any orders made by the Court that relate to the agreement.

             (5)  A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.

Subdivision C Miscellaneous

153   Exercise of Commission’s powers under this Division

                   The powers of the Commission under this Division are exercisable only by a Presidential Member.



 

Division 5 Alteration of rules and evidence of rules

154   Industrial Registrar may determine alterations of rules

             (1)  Where the rules of an organisation do not, in the Industrial Registrar’s opinion, make provision required by this Act, the Industrial Registrar may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the Industrial Registrar’s opinion, necessary to bring them into conformity with this Act.

             (2)  Alterations determined under subsection (1) take effect on the date of the instrument.

155   Commission may determine alteration of rules where there has been a breach of an undertaking

             (1)  If:

                     (a)  in the course of an organisation being registered under section 17, an undertaking was given under subsection 17(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and

                     (b)  the first-mentioned organisation has breached the undertaking;

the Commission may, by instrument, determine such alterations of the rules of the organisation as are, in the Commission’s opinion, necessary to remove the overlap.

             (2)  The Commission must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.

             (3)  Alterations determined under subsection (1) take effect on the date of the instrument.

156   Change of name or alteration of eligibility rules of organisation

             (1)  A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless the Commission consents to the change or alteration.

             (2)  The Commission may consent to a change or alteration in whole or part, but must not consent unless the Commission is satisfied that the change or alteration has been made under the rules of the organisation.

             (3)  The Commission must not consent to a change in the name of an organisation unless the Commission is satisfied that the proposed new name of the organisation:

                     (a)  is not the same as the name of another organisation; and

                     (b)  is not so similar to the name of another organisation as to be likely to cause confusion.

             (4)  The Commission must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the Commission, another organisation:

                     (a)  to which those persons could more conveniently belong; and

                     (b)  that would more effectively represent those members.

             (5)  However, subsection (4) does not apply if the Commission accepts an undertaking from the organisation seeking the alteration that the Commission considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.

             (6)  The Commission may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Workplace Relations Act the industrial interests of a particular class or group of persons.

             (7)  The Commission may also refuse to consent to an alteration of the eligibility rules of an organisation if it:

                     (a)  is satisfied that the alteration would change the effect of any order made by the Commission under section 130 about the right of the organisation to represent under this Act and the Workplace Relations Act the industrial interests of a particular class or group of employees; and

                     (b)  considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.

             (8)  Subsections (6) and (7) do not limit the grounds on which the Commission may refuse to consent to an alteration of the eligibility rules of an organisation.

             (9)  Where the Commission consents, under subsection (1), to a change or alteration, the change or alteration takes effect on:

                     (a)  where a date is specified in the consent—that date; or

                     (b)  in any other case—the day of the consent.

           (10)  This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:

                     (a)  determined by the Commission under subsection 161(7); or

                     (b)  proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Part 3 of Schedule 2.

157   Alteration of other rules of organisation

             (1)  An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged in the Industrial Registry and a Registrar has certified that, in his or her opinion, the alteration:

                     (a)  complies with, and is not contrary to, this Act, the Workplace Relations Act, awards, certified agreements and old IR agreements; and

                     (b)  is not otherwise contrary to law; and

                     (c)  has been made under the rules of the organisation.

             (2)  Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged in the Industrial Registry, a Registrar may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.

             (3)  An alteration of rules that has been certified under subsection (1) takes effect on the day of certification.

             (4)  This section does not apply in relation to an alteration of the rules of an organisation that is:

                     (a)  proposed to be made in relation to an application for an exemption from subsection 142(1); or

                     (b)  determined or certified by the Industrial Registrar under subsection 142(7) or section 154, 161, 235, 236 or 238; or

                     (c)  proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Part 3 of Schedule 2.

158   Certain alterations of rules to be recorded

                   Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the Industrial Registrar must:

                     (a)  immediately enter, in the register kept under paragraph 11(1)(a), particulars of the change or alteration, and the date of effect of the change or alteration; and

                     (b)  as soon as practicable after the organisation produces its certificate of registration to the Industrial Registrar, amend the certificate accordingly and return it to the organisation.

159   Evidence of rules

                   In proceedings under this Act or the Workplace Relations Act, a copy of the rules of an organisation certified by a Registrar to be a true and correct copy is evidence of the rules of the organisation.

160   Powers of Commission

                   The powers of the Commission under this Division are exercisable only by a Presidential Member.