Both the Tribunal and the General Manager exercise powers and functions under the Registered Organisations Act concerning federally registered unions and employer organisations.

Matters dealt with by the organisations panel

The organisations panel deals with applications for registration, amalgamation and cancellation of registration of registered organisations, as well as changes to eligibility rules and name.

The organisations panel also considers non-routine applications for right of entry permits under the Fair Work Act.

In 2018–19, the Commission received 16 applications for matters that are dealt with by the Organisations Panel. Ten of those applications related to changes to eligibility rules.

In 2018–19, the organisations panel finalised eight applications, as shown in Table 28, compared with 18 applications in 2017–18 and 35 applications in 2016–17. The spike in 2016–17 arose from applications for extension of recognition of transitionally recognised associations (TRAs) seeking an extension of their recognition.

A TRA is a state‑registered employer association or union that has been transitionally recognised under Schedule 1 to the Registered Organisations Act. Transitional recognition permits a TRA to represent its members in the national workplace relations system even though it is not a registered organisation under the Registered Organisations Act.

Transitional recognition ended on 1 January 2017. Only TRAs that obtain an extension of time from the Commission can remain transitionally recognised after that date.

Table 28: Registered organisations – organisations panel – applications lodged and finalised

Matters dealt with by the General Manager

The General Manager determines applications for alterations to the rules (other than most eligibility rules) of organisations registered under the Registered Organisations Act. Most applications for alterations to eligibility rules are considered by the organisations panel, but the General Manager can determine alterations to eligibility rules to extend them to cover persons already covered by state-registered unions or employer organisations under s.158A of the Registered Organisations Act.

In 2018–19, the General Manager and her delegate finalised 84 applications for alterations to rules of registered organisations, a decrease of 10 per cent compared with the previous year, as shown in Table 29.

Table 29: Registered organisations – General Manager – applications lodged and finalised

Timeliness

In 2018–19, 96 per cent of applications were assessed with within 40 working days, consistent with the previous two reporting periods, as shown in Table 30.

Table 30: Registered organisations – General Manager – timeliness, alteration to rules

Appeals of Registered Organisations Commissioner decisions

Since the establishment of the Registered Organisations Commission on 1 May 2017, the Commission has been able to hear appeals from decisions of the Registered Organisations Commissioner.

Right of entry permits

The Commission exercises powers and functions concerning right of entry under the Fair Work Act and the Work Health and Safety Act 2011 (WHS Act).

Part 3–4 of the Fair Work Act sets out the rights of officials of organisations who hold entry permits to enter premises for purposes related to representing their members. Division 6 of Part 3–4 empowers the Commission to issue right of entry permits, subject to certain considerations. The Commission must be satisfied that the proposed permit holder is a fit and proper person to hold a permit. This includes consideration of whether the proposed permit holder has received appropriate training.

A union official who holds a right of entry permit under the Fair Work Act can also apply for an entry permit under the WHS Act. The WHS Act allows permit holders to enter premises to inquire into suspected contraventions of the WHS Act and to consult and advise workers.

Commission staff process permit applications under the Fair Work Act and the WHS Act, and permits are issued by senior Commission staff under delegation from the President. Staff refer applications that are assessed as being ‘non-routine’ (where it is uncertain whether the statutory requirements have been met) to the organisations panel for determination by a Member. This provides applicants with an opportunity to present relevant evidence at a hearing.

Applications

The numbers of applications for entry permits lodged under the Fair Work Act and the WHS Act have been fairly consistent in recent years. In 2018–19, a total of 1,242 right of entry permit applications were lodged, a decrease of 8 per cent from the total of 1,350 in 2017–18, as shown in Table 31. A total of 113 applications for a work health and safety entry permit were lodged, an increase of 176 per cent compared with a total of 41 in 2017–18.

Table 31: Registered organisations – right of entry permits – applications lodged and finalised

The Commission issued a total of 1,376 permits in 2018–19, an increase of 2 per cent from the total of 1,350 in 2017–18, as shown in Table 32.

Of the 1,305 applications for a Fair Work Act right of entry permit that were finalised in 2018–19, 24 were assessed as being non-routine and were referred to the organisations panel for determination. Of these non‑routine permit applications, 16 permits were issued (of which three were issued with conditions). The remaining two applications were withdrawn. Decisions concerning refusal to grant a permit under the Fair Work Act are published on the Commission’s website.

A total of 24 applications were withdrawn for various reasons, most commonly after the applicant was informed that additional disclosure or further information was required.

Table 32: Registered organisations – right of entry permits – finalisation of matters

Timeliness

In 2018–19, the Commission took a median of nine days to issue a Fair Work Act right of entry permit and a median of 13 days to issue a permit under the WHS Act, as shown in Table 33. This was a decrease in median processing times, compared with 16 days and 25 days respectively in 2017–18.

Table 33: Registered organisations – right of entry permits – timeliness, days to issue

Case study – introducing new entry permit cards

Entry permit cards issued by the Commission changed on 1 July 2019 as a result of the Fair Work Amendment (Modernising Right of Entry) Regulations 2019. The Regulations require the new entry permit to contain the photo and signature of the permit holder.

Following consultation with stakeholders, including the Attorney-General’s Department, we created a Commonwealth Government photo identity card which is issued in line with the National Identity Proofing Guidelines.

Proposed permit holders will need to verify their identity by obtaining a Digital ID from Australia Post – a fast and easy process at Australia Post outlets across the country.

At a time and location that suits the proposed permit holder, they will then participate in a Skype video call with a staff member at the Commission to enable visual verification of the photo on the entry permit card.

The Commission worked closely with registered organisations and their peak bodies to design the card and process for verifying identity, including piloting the new process with registered organisations.

Current permit holders can continue to use their existing permit until it expires. However, from 1 October 2019, they will be required to produce photographic identification along with their existing permit when entering premises.