An industrial agreement creates statutory rights enforceable under statute, but does not itself create contractual rights; a contract of employment may incorporate terms more beneficial than the industrial agreement.

When determining whether offices in counterpart Federal body are the same as offices in State organisation, consider the functions and powers of each office based on similarity or otherwise of content of rules.

An organisation party to or bound by a new State instrument under s.80BB has standing to pursue applications under s.42 (bargaining), s.44 (industrial disputes), s.46 (interpretation), and s.83 (enforcement) relating to that instrument.

When determining whether offices that exist in the counterpart Federal body are the same as offices of the State organisation, the Full Bench must consider the functions and powers of each office based on a consideration of the similarity or otherwise of the content of the rules.

For the purposes of s71, the only offices to be considered in a s71 application are those offices that have a vote on the management committee of the organisation (per definition of 'office' in s7(1) IR Act).

Section 71(1) and s71(4) require the Full Bench to examine only the express rules of the State organisation and the Branch; the statutory language does not enable the Full Bench to have regard to the principles that apply to the implication of terms.

For every office in the State organisation there must be a corresponding office in the Branch with substantially similar functions and powers for the rules to be deemed the same under s71(4).

The purpose of a s71 application is to enable each office in the State organisation to be held by the person who, in accordance with the Federal body's rules, holds the corresponding office in that body.

An application for amalgamation of two organisations pursuant to s72 IR Act is to create a new organisation with its own rules and is not an amendment, repeal or alteration of rules. An amendment, repeal or alteration contemplates a change of the rules of an organisation that continues to exist. However, on and from registration of the new organisation the registration of each amalgamating organisation is cancelled pursuant to s72(5).

The absence of a specific rule in the rules of an organisation authorising an amalgamation does not have the effect that the organisation is prohibited from making an application with another organisation or more than one organisation to amalgamate to create a new organisation. It is empowered to seek amalgamation by operation of s72 IR Act.

Section 55(4)(b) requires an amalgamating organisation to take reasonable steps to adequately inform members of the intention to apply for registration of the new organisation, the proposed rules, and a right to object. Members must be given a reasonable opportunity to make such an objection. Notification via notices placed on union notice boards at places of members' employment in compliance with organisational rules can satisfy this requirement.

Union rules should not be restrictively construed; the failure to comply strictly with rule provisions regarding the form of a membership application does not vitiate membership where the applicant signed a document addressed to the organisation and paid contributions, particularly where the rules do not expressly require strict compliance.