The Fair Work (Registered Organisations) Act 2009 (the RO Act) requires registered organisations to provide certain information to the Registered Organisations Commission (the ROC) each year.
Information which must be lodged annually
Registered organisations must lodge an annual return with the ROC by 31 March each year. The annual return must include the following information:
- a declaration regarding the register of members of the organisation. The declaration needs to certify that during the immediately preceding calendar year, the register of members was kept and maintained in accordance with the requirements of the RO Act;
- a list of the offices in the organisation and each branch;
- a list of the names, postal addresses and occupations of the persons holding the offices;
- a record of the name of each branch of the organisation, each branch that commenced operation in the previous 12 months and each branch that ceased operation in the previous 12 month
- a record of the street address of the office of the organisation and the street address of the office of each branch;
- a record of each election for an office in the organisation or branch that must be held during the calendar year which commenced on 1 January;
- a record of the number of members on 31 December in the previous year;
- a record of the number of people who are members because of an agreement entered into with a state union; and
- a declaration which certifies that the copy of the records lodged is a correct statement of the information contained in those records.
The ROC has published templates to assist registered organisations to lodge their annual return.
Who can lodge the information?
The return and accompanying declaration must be signed by the National Secretary, or another prescribed office holder of the organisation.
Section 233 of the RO Act requires that this information by lodged by the organisation to lodge this information, not its branches. The document lodged by the organisation must include the required information about all of its branches (which may sometimes be referred to as Chapters or Divisions).
If the register of members is kept on a branch-by-branch basis, then the relevant office holder in each branch may need to make the required declaration about the register of members. However the organisation is required to lodge all information with the ROC.
For instructions on how to lodge an annual return, see our Lodging documents section.
Our risk-based approach to annual returns
The ROC has a risk-based approach to the assessment of annual returns. This allows the ROC to manage the legislative requirements and efficiently use resources to help registered organisations comply.
From 2020 the majority of annual returns will be given a primary assessment each year. The assessment focuses on key elements of compliance including that the annual return was signed by an appropriate officer and lodged on time. Over a five year period every registered organisation will be assessed against at least one advanced checklist.
An advanced assessment of the annual return is a more comprehensive review which thoroughly evaluates compliance with the requirements of the Fair Work (Registered Organisations) Act 2009.
Identified patterns of non-compliance may trigger more than one advanced assessment over the five year period.
The ROC has published primary and advanced checklists to assist registered organisations to understand how the ROC assesses annual returns of information.