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Workplace Relations (Registered Organisations) Bill 2001

Part 5 Conscientious objection to membership

   

178   Conscientious objection to membership of organisations

             (1)  Where a natural person:

                     (a)  on application made to a Registrar, satisfies the Registrar:

                              (i)  in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 16(1)(a); or

                             (ii)  in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 16(1)(b) or 16(1)(c); and

                     (b)  pays the prescribed fee to the Registrar;

the Registrar must issue to the person a certificate to that effect in the prescribed form.

             (2)  An appeal does not lie to the Commission under section 81 of the Workplace Relations Act against a decision of a Registrar to issue a certificate under subsection (1).

             (3)  Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by a Registrar for such period (not exceeding 12 months) as the Registrar considers appropriate.

             (4)  Where:

                     (a)  a Registrar becomes aware of a matter that was not known to the Registrar when a certificate was issued by the Registrar to a person under subsection (1); and

                     (b)  if the Registrar had been aware of the matter when the application for the certificate was being considered, the Registrar would not have issued the certificate;

the Registrar may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.

             (5)  The holding by an employer of a certificate issued under subsection (1) does not prevent the employer being a party to an industrial dispute.

             (6)  In this section:

appropriate organisation , in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the Registrar dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:

                     (a)  in the case of a person who is an employer—the industry in relation to which the person is an employer; or

                     (b)  in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or

                     (c)  in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or

                     (d)  in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.

conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.

prescribed fee , in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.



 

Chapter 7 Democratic control