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Registered Organisations – Options-stage Regulation Impact Statement – Employment

The Australian Government proposes to make changes to the regulation of registered organisations. These changes are a specific election commitment of the Government. Registered organisations are those employer and employee associations that are registered under the Fair Work (Registered Organisations) Act 2009 (RO Act). Associations that become registered organisations can access privileges and rights under the RO Act and Fair Work Act 2009 that allow them to represent the interests of their members in workplace matters, for example by

  • in the case of employee associations, having a right to enter workplaces providing they meet a number of statutory requirements;
  • assisting or representing their members during Fair Work Commission proceedings; and
  • making an application to vary a modern award outside of the 4-yearly modern award review process.

Under the RO Act, registered organisations must comply with detailed regulations in relation to registration, rules, financial reporting, elections, conduct of officers and other matters. The Government has committed to increase the statutory and fiduciary obligations on registered organisations to more closely align them with those that corporations have to meet. The main changes are:

  • increasing civil penalties and introducing criminal offences for serious breaches of officers’ duties;
  • increasing the requirements surrounding officers’ disclosure of material personal interests, and changes to grounds for disqualification and ineligibility for office; and
  • strengthening financial accounting and disclosure obligations under the RO.

An options-stage RIS was certified by the Department of Employment under the July 2013 Australian Government best practice regulation requirements.