Rights of registered organisations

Employer associations may also register but since they seem able to operate as effectively without registering, relatively few have done so. Under the Conciliation and Arbitration Act, single employers could also apply for registration but since they were able to bring industrial disputes before the Commission in any case, there was little reason to do so.

A consequence of the varying benefits gained from registration by unions and employers is that registration of trade unions is widespread, whilst registration of employer associations is much less representative of the total number operating in the system.

Obligations of registered organisations

Certain rule changes, such as a change of name or eligibility rules, can only take place with the consent of a Presidential Member of the Commission.[25] Permission may be refused if the proposed new name is the same as another organisation, or so similar as to cause confusion. It may also be refused if the change to eligibility rules is such that it covers workers who might 'conveniently belong' to another registered organisation.[26]

Organisations which believe they would be adversely affected by changes to another's name or eligibility rules may object to the changes. Many applications by trade unions for registration or changes to eligibility rules have been refused because of objections by registered unions that workers could 'conveniently belong' to their organisation. As a general rule, registration of two competing organisations in the same field is avoided. This practice is based on the fear that rival unions in the course of their competition for members would threaten the peace, stability and effective continuance of industry.[27] Examples of where such duplication has occurred, however, include: the Amalgamated Engineering Union and the Australasian Society of Engineers; the Waterside Workers' Federation of Australia and the Permanent and Casual Wharf Labourers' Union of Australia; the Australian Railways Union and the National Union of Railwaymen of Australia; and the Female Confectioners' Union and the Federated Confectioners' Union of Australia.

With the aim of securing democratic control by its members, a registered organisation's rules must prescribe the powers and duties of committees of the organisation and its branches, the organisation's officials, and the means by which these committees and officials are appointed and removed. Whilst the Act does not enforce a particular model of organisation, the rules must allow for democratic control by members over committees, officials and policy-making.[28]

Under the Conciliation and Arbitration Act, registered organisations were required to keep a register of members and a list of officials, and to lodge such documents with the Industrial Registry on a regular basis. The Industrial Relations Act also requires lodgement of lists of officials but only a statutory declaration by the Secretary that a register of members is maintained. In addition, both Acts require organisations to keep proper accounting records. Organisations must make financial reports and audited accounts available to members, and also lodge these with the Registry.

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