A union or employer association is not ‘registered’ until they apply to us and we approve the application. Understand the process to apply and the legal rights of registration.
Before you fill in the form
If you are considering registering as an organisation, contact us. We can advise you on:
- the process of registration
- criteria for registration
- the forms and required attachments
- your proposed rules.
Criteria for registration
To be eligible for registration your association must:
- be a genuine employee or employer association
- exist to further or protect its members’ interests
- be at least the minimum size
- a union must have at least 50 employees
- an employer association’s members must have employed at least 50 employees on average over the past 6 months
- an enterprise association must have at least 20 employees
- your name must be different to an existing registered organisation
Steps to registration
1. An association must have a rule book that provides for the matters set out in the Fair Work (Registered Organisations) Act 2000 (RO Act)
2. The association must have passed a resolution in favour of registration voted for by
- a majority of the members present in a general meeting of the association or
- an absolute majority of the committee of management.
3. An association submits the relevant application.
- Unions: apply to be registered as an employee association (Form F56)
- Employer associations: apply to be registered as an employer association (Form F55)
- Enterprise unions: apply to be registered as an enterprise association (Form F57).
How we check applications
We consider various factors. We ask:
- will the Association behave in a way that meets the obligations of the RO Act and Fair Work Act?
- Would registration further the objectives of the RO Act and the Fair Work Act?
- Is there an existing registered organisation that:
- the members could more conveniently belong to?
- would more effectively represent the members?
If it’s a union or enterprise association we also ask
- if the association is free from control or improper influence of an employer or employer association?
See what we check with our checklists:
- Unions: checklist – application for registration employee association
- Employer associations: checklist – application for registration employer association
- Enterprise unions: checklist – application for registration enterprise association
The process of registration
Your application for registration will be published on our website and in the Commonwealth of Australia Gazette.
Objections can be made.
This could result in hearings, submissions and other correspondence where you may have to argue in support of your association being registered.
The rights and obligations of registration
If you register as a union or employer association, you gain legal rights. Registration gives your organisation certain rights, including to:
- represent your members at the Commission
- hold elections under your rules (run by the Australian Electoral Commission at no cost to the organisation)
- become a body corporate
- have perpetual succession
- buy, hold, sell, lease, mortgage, exchange or own property
- sue or be sued in your registered name.
Registration also comes with a number of obligations for organisations including:
- financial reporting
- annual reporting
- officer and related party disclosures and reporting
- elections
- officer duties
You can find more information under our running a registered organisation pages.