TERMS AND CONDITIONS OF MEMBERSHIP
1. Membership is subject to the Constitution and Rules of the Australian Hotels Association (NSW) (“the Rules”), an organisation registered under the Industrial Relations Act 1996 (NSW).
2. Pursuant to Rule 5 of the Rules, every person, partnership or corporation who or which is an Employer of Labour in an establishment licensed under the Licensing Legislation shall be eligible to be a member of the Organisation.
3. A Membership shall relate only to the one Licensed Establishment to be referred to in the application for Membership. If a person, partnership or corporation is eligible for Membership of the Organisation in respect of more than one Licensed Establishment then a separate Membership shall be applied for and held in respect of each Licensed Establishment. Where a person, partnership or corporation holds more than one Membership of the Organisation that person, partnership or corporation shall be entitled to all rights of Membership in respect of each Membership of the Organisation and shall bear all obligations of Membership in respect of such Membership.
4. An applicant for Membership of the Organisation must sign an application in the approved form. An applicant for Corporate Membership must nominate its first Representative. An application for Corporate Membership by a partnership shall be signed by each partner.
5. All applications for membership must be submitted to the Council. The Council may only reject an application so submitted to it upon one or more of the following grounds:-
a. The application is contrary to or fails to conform with any applicable award or order made under the State Act;
b. The applicant for membership is not eligible to become a member of the organisation;
c. The applicant has failed to pay an amount properly payable in relation to membership;
d. In a case where the applicant for membership is a natural person, such person is of general bad character;
e. In case of an applicant that is a Body Corporate the constituent documents of the said Body Corporate make provisions inconsistent with the purposes for which the Organisation was formed (see Rule 2).
6. If the Council accepts an application the applicant shall be deemed to become a Member from the date of receipt by the Organisation of the application.
7. If the Council rejects an application for Membership the Organisation shall notify the applicant in writing. The applicant may within seven days of notice of rejection being served, forward to the registered office of the Organisation an appeal against such rejection. The Rules set out the process for appealing.
8. A Corporate Member shall from time to time nominate a person to act as its Representative. A Member not being a Corporate Member may nominate a Representative. A nomination of a Representative shall be in writing and delivered to the Registered Office of the Organisation. Where a Member holds more than one Membership with the Organisation it may nominate a different Representative in respect of each Membership.
9. Only Representatives of Financial Members or Financial Members of the Organisation are eligible to attend and entitled to be heard and to vote at Meetings of the Organisation.
10. Payment of subscription fees are not refundable, but may be transferable in the event of a sale, transmission of succession if the incoming employer of labour is accepted as a Member.