Commonwealth Consolidated Acts

BUILDING INDUSTRY ACT 1985 - SECT 9

(1)

Where the Commission makes a declaration under section 4 or under subsection 5(9), the Minister may, by order in writing, declare that this section applies in relation to an organization of employees specified in the order in respect of work, in a part or parts of Australia specified in the order, in an industry in respect of which the Federation is or has been registered under the Conciliation and Arbitration Act.

(2)

The Minister may make different orders under subsection (1) in respect of different organizations of employees in respect of different kinds or classes of work.

(3)

Where:

(a)

an order is made under subsection (1) in relation to an organization of employees;

(b)

under the rules of that organization, employees who are employed in work of a kind or class specified in the order are not eligible for membership of that organization; and

(c)

that organization consents to the making by the Minister of a declaration under this subsection in respect of that organization;

the Minister may, by order in writing, declare that it is desirable that those employees be eligible for membership of that organization and, if such an order is made:

(d)

the Registrar shall forthwith determine the alterations that need to be made to those rules in order to make those employees eligible for membership of that organization and shall record the alterations so determined in the register, and upon the certificate of registration, under the Conciliation and Arbitration Act; and

(e)

when those alterations are so recorded, those rules shall be deemed to be altered accordingly.

(4)

The Minister shall not make an order under this section unless the Minister is of the opinion that it is desirable to make the order having regard to the public interest in securing the prevention and settlement by conciliation and arbitration of industrial disputes extending beyond the limits of any one State or in maintaining peace, order and good government in a Territory.

(5)

An order made under this section after the cancellation of the registration of the Federation under section 5 continues in force notwithstanding that the Federation again becomes registered under the Conciliation and Arbitration Act.