Skip to main content

Registered rule alterations

Section 62 of the Industrial Relations Act 1979 (WA) (IR Act) provides for the alteration of an organisation’s registered rules. A rule alteration must be requested where an organisation seeks to alter or substitute its registered rules by submitting a Form 13 – Application to Alter or Substitute the Rules of an Organisation or Industrial Association, Change its Name, or Suspend or Cancel its Registration.

Registrar applications

The majority of rules of an organisation can be altered by an application to the Registrar. The proposed rule alterations will be authorised and made administratively by the Registrar, after consultation with the Commission. Any alterations to registered rules are not effective until a certificate of alteration has been issued by the Registrar.

Commission in Court Session applications

Alterations to rules of an organisation that relate to:

  • the name of the organisation;
  • qualifications or eligibility of members;
  • the area of the State in which the organisation intends to operate; 
  • the inclusion of provisions concerning counterpart Federal bodies; and
  • the substitution of a new set of rules where the substitution relates to any of the above points must be made by application to the Commission in Court Session.

Process

A registered organisation must provide its members with reasonable notice regarding a proposed rule alteration. The notice can take many forms, however, it must include:           

  • Details of each proposed alteration
  • The reasons for each proposed alteration; and
  • Advice to members of the right to object to the Registrar to any proposal to alter the rules, and reasonable opportunity for the members to raise this objection.

The method of dissemination of the notice to members must be strictly in accordance with the rules of the organisation.

Requirements for approval

Registrar application

The Registrar must not register any alteration to rules unless:

  • The application has been authorised in accordance with the rules of the organisation;
  • Reasonable steps have been taken to adequately inform the members of the proposal for alteration and the reasons;
  • Reasonable steps have been taken to adequately inform the members that they may object to the proposed alteration by forwarding a written objection to the Registrar;
  • The members have been afforded a reasonable opportunity to object to the alteration. 21 days is considered a reasonable objection period if rules do not specify another period; and
  • Less than 5% of the members of the organisation have objected to the proposed alteration, or a majority of the members who voted in a ballot conducted in a manner approved by the Registrar have approved the proposed alteration.

Organisations must ensure the process for proposing and applying for a rule alteration is in strict compliance with the requirements of its rules and the IR Act.

 

Further information and assistance

It is strongly recommended organisations seek consultation with the Deputy Registrar prior to initiating a rule alteration application. The Deputy Registrar can assist with ensuring the rule alteration request meets the technical requirements prior to lodgement. In addition, the Commission has developed an information kit for registered organisations which includes guidance on rule alteration applications. A copy of the kit can be found here.