Registered Associations
A "registered association" is a Union or Employer body registered as an association under Chapter 4 (Associations) of the Fair Work Act 1994. The Act provides for locally based and federally based associations and that the Industrial Registrar maintain a register of Association.
The associations eligible for registration as a locally based association under the Act are:-
(a) an association formed to represent, protect or further the interests of employers and consisting of two or more employers who employ, in aggregate, not less than 100 employees (whether or not the membership of the association includes persons who are not employers);
(b) an association formed to represent, protect or further the interests of employees and consisting of not less than 100 employees (whether or not the membership includes persons who are not employees).
An organisation, or a branch, section or part of an organisation, registered under the Commonwealth Act is not eligible for registration as a locally based association.
Federally Based Associations
An association that is an organisation registered under the Commonwealth Act is eligible for registration as a federally based association under the Fair Work Act 1994. However, if the rules of the organisation provide for a South Australian branch, the organisation is not eligible for registration as a federally based association unless the rules confer on the branch a reasonable degree of autonomy in the administration and control of South Australian assets and in the determination of questions affecting solely or principally members resident in this State. A branch of an organisation is eligible for registration as a federally based association if the rules of the organisation confer on the branch a reasonable degree of autonomy in the administration and control of South Australian assets and in the determination of questions affecting solely or principally members resident in this State.
An association, within the meaning of the Fair Work Act, is a society or body formed to represent, protect or further the workplace related interests of employers or employees. The Act provides for a system of registration of associations and their rules by the Industrial Relations Commission (usually in the form of the Industrial Registrar). An association's rules govern their operation. Registered associations must seek the Commission's approval to change their rules or their name.
