Role and status of unions at a federal level

The Fair Work (Registered Organisations) Act 2009 (Cth) (FWRO Act) is the main federal legislation regulating the registration, legal status and operation of trade unions in Australia. This legislation also gives the Fair Work Commission (FWC) powers to make ‘representation orders’ in order to resolve demarcation disputes between unions.

See Role and status of unions at a federal level.

Role and status of unions at a state level

Provision exists for the registration of unions under state legislation, in all states but Victoria. The legislation which regulates the role of unions and their role in representing the interests of their members in each of the States are:

• • Industrial Relations Act 1996 (NSW);
• • Industrial Relations Act 2016 (Qld);
• • Industrial Relations Act 1979 (WA);
• • Fair Work Act 1994 (SA); and
• • Industrial Relations Act 1984 (Tas).

See Role and status of unions at a state level.

Registered Organisations Commission

The Registered Organisations Commission (ROC) was established under the Registered Organisations Amendment Act 2016 (Cth) (RO Amendment Act) and commenced operation on 1 May 2017.

It is an independent body with responsibility for monitoring and regulating the activities of registered organisations and their office holders. The RO Amendment Act confers broad investigation and information gathering powers on the Commission to ensure that registered oragnisations comply with the statutory requirements.

See Registered Organisations Commission.