South Australian Current Acts

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FAIR WORK ACT 1994 - SECT 122

122—Registration of associations

        (1)         SAET may, after considering objections to registration duly made in accordance with the Rules, register an association under this Part if satisfied—

            (a)         that the association is eligible for registration under this Part; and

            (b)         that the rules of the association conform with the requirements of this Part; and

            (c)         that the prescribed conditions have been complied with; and

            (d)         that the registration of the association would be consistent with the provisions and objects of this Act; and

            (e)         that—

                  (i)         the association is entirely comprised of employees employed in a single business; or

                  (ii)         if the association is not an association of that kind—there is no other registered association to which the members of the association might conveniently belong; and

            (f)         that the name of the applicant association would not cause confusion with the name of another registered association or with the name of an organisation registered under the Commonwealth (Registered Organisations) Act; and

            (g)         in the case of an association of employees—that the association is not dependent for financial or other resources on an employer, employers, or an association of employers and is, in other respects, independent of control or significant influence by an employer, employers or an association of employers.

        (2)         SAET may, in an appropriate case, waive compliance with any of the prescribed conditions referred to in paragraph (c) above.



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