Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Branch means the Western Australian Branch of an
organisation of employees registered under the Fair Work (Registered
Organisations) Act 2009 (Commonwealth);
counterpart Federal body , in relation to a State
organisation, means a Branch the rules of which —
(a)
relating to the qualifications of persons for membership; and
(b)
prescribing the offices which shall exist within the Branch,
are, or, in accordance with this section, are
deemed to be, the same as the rules of the State organisation relating to the
corresponding subject matter; and
State organisation means an organisation that is
registered under Division 4 of Part II.
(2) The rules of the
State organisation and its counterpart Federal body relating to the
qualifications of persons for membership are deemed to be the same if, in the
opinion of the Full Bench, they are substantially the same.
(3) The Full Bench may
form the opinion that the rules referred to in subsection (2) are
substantially the same notwithstanding that a person who is —
(a)
eligible to be a member of the State organisation is, by reason of his being a
member of a particular class of persons, ineligible to be a member of that
State organisation’s counterpart Federal body; or
(b)
eligible to be a member of the counterpart Federal body is, for the reason
referred to in paragraph (a), ineligible to be a member of the State
organisation.
(4) The rules of a
counterpart Federal body prescribing the offices which shall exist in the
Branch are deemed to be the same as the rules of the State organisation
prescribing the offices which shall exist in the State organisation if, for
every office in the State organisation there is a corresponding office in the
Branch.
(5) Where, after the
coming into operation of this section —
(a) the
rules of a State organisation are altered pursuant to section 62 to
provide that each office in the State organisation may, from such time as the
committee of management of the State organisation may determine, be held by
the person who, in accordance with the rules of the State organisation’s
counterpart Federal body, holds the corresponding office in that body; and
(b) the
committee of management of the State organisation decides and, in the
prescribed manner notifies the Registrar accordingly, that from a date
specified in the notification all offices in the State organisation will be
filled in accordance with the rule referred to in paragraph (a),
the Registrar shall
issue the State organisation with a certificate which
declares —
(c) that
the provisions of this Act relating to elections for office within a State
organisation do not, from the date referred to in paragraph (b), apply in
relation to offices in that State organisation; and
(d)
that, from that date, the persons holding office in the State organisation in
accordance with the rule referred to in paragraph (a) shall, for all
purposes, be the officers of the State organisation,
and the certificate
has effect according to its tenor.
(6) A State
organisation to which a certificate issued under this section applies may,
notwithstanding any provision in its rules to the contrary, make an agreement
with the organisation of which the State organisation’s counterpart
Federal body is the Branch, relating to the management and control of the
funds or property, or both, of the State organisation.
(7) Where a memorandum
of an agreement referred to in subsection (6) is —
(a)
sealed with the respective seals of the State organisation and the other
organisation concerned;
(b)
signed on behalf of the State organisation and the other organisation by the
persons authorised under their respective rules to execute such an instrument;
and
(c)
lodged with the Registrar,
the Full Bench may, if
it is satisfied that the terms of the agreement are not detrimental to the
interests of persons who are eligible to be members of the State organisation
and of its counterpart Federal body and will not prevent or hinder the State
organisation from satisfying any debt or obligation howsoever arising, approve
the agreement.
(8) Where the Full
Bench approves an agreement under subsection (7) the Registrar
shall —
(a)
register the memorandum as an alteration to the rules of the State
organisation;
(b)
amend, where necessary, the certificate issued to the State organisation under
subsection (5) by declaring that the State organisation is, from the date
of registration of the memorandum, exempted from compliance with such
provisions of this Act and to such an extent as the Full Bench may, having
regard to the terms of the memorandum, direct; and
(c)
notify the State organisation in writing of the matters referred to in
paragraphs (a) and (b).
(9) After the issue to
a State organisation of a certificate or an amended certificate under this
section —
(a) the
rule referred to in subsection (5)(a) and a memorandum registered under
subsection (8)(a) shall not be altered unless the alteration is approved
by the Full Bench;
(b) an
alteration to any rule of the State organisation other than the rule referred
to in paragraph (a) may be registered by the Registrar if he is satisfied
that the rule as so altered is the same as a rule of the State
organisation’s counterpart Federal body; and
(c)
every member of the State organisation’s counterpart Federal body who is
eligible to be a member of the State organisation shall, for all the purposes
of this Act and of any award, industrial agreement or order, be deemed to be a
member of the State organisation.
(10) Before granting
approval to an alteration of the rule or memorandum referred to in
subsection (9)(a), the Full Bench may require compliance by the State
organisation with such conditions as the Full Bench considers appropriate.
[Section 71 amended by No. 94 of 1984
s. 66; No. 119 of 1987 s. 18; No. 1 of 1995 s. 53;
No. 74 of 2003 s. 68(3); No. 53 of 2011 s. 34.]