Rules for unions and employer associations

Registered organisations must have rules that state their purpose and the conditions of membership.

The rules ensure that these groups:

• operate effectively and are well managed
• encourage member participation
• function and are managed democratically
• are accountable to their members.

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Chapter 5 of the Registered Organisations Act has the requirements that organisations’ rules must meet. The rules must cover:

• Purposes of the organisation s.141(1)(a)
• Eligibility for membership s.141(1)(a)
• Powers and duties of the committees and offices s.141(1)(b)(i)
• Manner of summoning meetings s.141(1)(b)(ii)
• The keeping of minute books by committees of management s.141(i)(b)(iia)
• Removal of holders of offices s.141(1)(b)(iii)
• Control of committees s.141(1)(b)(iv)
• Execution of documents s.141(1)(b)(v)
• Notifying the Commission of industrial disputes s.141(1)(b)(vi)
• Cessation of membership otherwise than by resignation s.141(1)(b)(vii)
• Resignation of members under s.174 of the Registered Organisations Act s.141(1)(b)(viii)
• Property and funds of the organisation s.141(1)(b)(ix)
• Audit of the accounts s.141(1)(b)(x)
• How funds may be spent s.141(1)(b)(xi)
• Register of the members s.141(1)(b)(xii)
• Alteration of rules s.141(1)(b)(xiii)
• Development and implementation of financial policies s.141(1)(ca)
• Information for applicants for membership s.141(1)(d)
• Elections for offices ss.143, 144
• Terms of office s.145
• Conditions for loans, grants and donations s.149

Eligibility rules set out who can become members of a particular employer association, union or enterprise union. The rules mainly refer to:

• the work a person does
• the industry a person works in
• the nature of the employer's business.

Not all rules are mandatory. The organisation may choose whether to include these rules:

• Eligibility for membership of independent contractors s.141(2)
• Filling of casual vacancies s.146
• Membership agreements s.151
• Assets and liabilities agreements s.152
• Any other matter s.141(3)