Western Australian Numbered Acts Western Australian Numbered Acts After section 52
insert:
(1) In this
section —
rules , of a branch of a federal organisation,
means —
(a)
rules relating to the qualifications of persons for membership; and
(b)
rules prescribing the offices that exist within the branch.
(2) A Western
Australian branch of a federal organisation is a counterpart federal body in
relation to a State organisation if the rules of the branch are, or in
accordance with section 71(2) or (4) are taken to be, the same as
the rules of the State organisation relating to the corresponding subject
matter.
(3) A federal
organisation is a counterpart federal body of a State organisation even though
the body does not have or comprise a Western Australian branch of the federal
organisation if the Commission in Court Session is of the opinion that the
federal organisation is a counterpart federal body in relation to a State
organisation.
(4) The Commission in
Court Session may form the opinion referred to in subsection (3) only
if —
(a) a
substantial number of members of the State organisation are —
(i)
members or eligible to be members of the federal
organisation; or
(ii)
engaged in the same work, in aspects of the same work or
in similar work as members of the federal organisation; or
(iii)
employed in the same or similar work by employers engaged
in the same industry as members of the federal organisation; or
(iv)
engaged in work or in industries for which there is a
community of interest between the federal organisation and the State
organisation;
or
(b)
there is an agreement in force under the FW (Registered Organisations) Act
section 151 between the federal organisation and the State organisation.
(5) The Commission in
Court Session may form the opinion referred to in subsection (3) despite
the fact that a person who is eligible to be a member of the State
organisation is, by reason of being a member of a particular class of persons,
ineligible to be a member of that State organisation’s counterpart
federal body.
(6) The Commission in
Court Session may form the opinion referred to in subsection (3) despite
the fact that a person who is eligible to be a member of the counterpart
federal body is, by reason of being a member of a particular class of persons,
ineligible to be a member of the State organisation.
(7) A State
organisation may apply to the Commission in Court Session for a declaration
that, for the purposes of subsection (2) or (3), a Western Australian
branch of a federal organisation, or a federal organisation, is a counterpart
federal body in relation to the State organisation.