Commonwealth Consolidated Acts

BUILDING INDUSTRY ACT 1985 - SECT 10

  (1)   If, after the making by the Commission of a declaration referred to in subsection   9(1), the Minister certifies in writing that the Minister does not propose to make any orders under section   9 in consequence of that declaration in respect of a particular part of Australia, the Commission may, subject to this section, upon application by an organization of employees or by the Minister, make a declaration that this section applies in relation to an organization of employees specified in the order (whether or not the organization that made the application) in respect of work, in that part of Australia, in an industry in respect of which the Federation is or has been registered under the Conciliation and Arbitration Act and, where the Commission makes such a declaration, it shall cause the declaration to be recorded in writing.

  (2)   The Commission may make different declarations under subsection   ( 1) in respect of different organizations of employees in respect of different kinds or classes of work.

  (3)   The Commission is not entitled to make a declaration under subsection   ( 1) in respect of an organization of employees in respect of a kind or class of work unless the Commission is satisfied that:

  (a)   under the rules of that organization, employees who are employed in work of that kind or class are not eligible for membership of that organization;

  (b)   that organization consents to the making by the Commission of the declaration; and

  (c)   the Commission considers that it is desirable that those employees be eligible for membership of that organization to ensure that the objects of the Conciliation and Arbitration Act are achieved and that those employees will be effectively represented for the purposes of that Act.

  (4)   Where the Commission makes a declaration under subsection   ( 1) in respect of an organization of employees:

  (a)   the Registrar shall forthwith determine the alterations that need to be made to the rules of that organization to make the employees concerned eligible for membership of that organization and shall record the alterations so determined in the register, and upon the certificate of registration, under the Conciliation and Arbitration Act; and

  (b)   when those alterations are so recorded, those rules shall be deemed to be altered accordingly.

  (5)   A declaration made under subsection   ( 1) after the cancellation of the registration of the Federation under section   5 continues in force nothwithstanding that the Federation again becomes registered under the Conciliation and Arbitration Act.