Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Fair Work (Registered Organisations) Regulations 2009 to support recent amendments to the Fair Work (Registered Organisations) Act 2009 by providing a process for part of an organisation to conduct a postal or attendance ballot.
Administered by: Attorney-General's
Registered 19 Mar 2021
Tabling HistoryDate
Tabled HR22-Mar-2021
Tabled Senate11-May-2021
To be repealed 12 Aug 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 18 March 2021

David Hurley

Governor‑General

By His Excellency’s Command

Michaelia Cash

Minister for Employment, Skills, Small and Family Business
for the Attorney‑General and the Minister for Industrial Relations

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Fair Work (Registered Organisations) Regulations 2009                                                             2

 


1  Name

                   This instrument is the Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

20 March 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Fair Work (Registered Organisations) Act 2009.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Fair Work (Registered Organisations) Regulations 2009

1  Subregulation 80(1) (definition of amalgamation day)

Repeal the definition.

2  Subregulation 80(1) (definition of applicant)

Repeal the definition.

3  Subregulation 80(1)

Insert:

assisting official has the meaning given by regulation 94A.

4  Subregulation 80(1) (definition of scrutineer)

Omit “96”, substitute “97”.

5  Regulation 83

Repeal the regulation, substitute:

83  Outline of proposed withdrawal—matters to be addressed (s 95(1)(c))

                   For the purposes of paragraph 95(1)(c) of the Act, the written outline must, as far as practicable, address the following matters:

                     (a)  details of the circumstances in which the constituent part became part of the amalgamated organisation, including the name, immediately before de‑registration, of any organisation de‑registered in connection with the formation of the amalgamated organisation that the constituent part was or was part of;

                     (b)  the eligibility rules of the amalgamated organisation immediately before the application for a ballot is made;

                     (c)  if an organisation that the constituent part was, or was part of, was de‑registered in connection with the formation of the amalgamated organisation—the eligibility rules of the de‑registered organisation immediately before de‑registration;

                     (d)  the eligibility rules of the amalgamated organisation immediately before the constituent part became part of the amalgamated organisation;

                     (e)  particulars of the assets and liabilities of the amalgamated organisation;

                      (f)  if an organisation that the constituent part was, or was part of, was de‑registered in connection with the formation of the amalgamated organisation:

                              (i)  particulars of the assets and liabilities of the de‑registered organisation immediately before de‑registration; and

                             (ii)  any change in the net value of those assets or liabilities that has occurred since the amalgamation;

                     (g)  particulars of any rules, arrangements, practices or understandings referred to in paragraph 109(2)(ba) of the Act;

                     (h)  any other matters the applicant considers may be relevant to the making of orders under paragraph 109(1)(b) of the Act (orders necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part).

6  Regulation 85 (heading)

After “s 102(1)”, insert “and (1C)”.

7  Regulation 85

Before “If”, insert “(1)”.

8  At the end of regulation 85

Add:

             (2)  Subregulation (1) applies in relation to a ballot conducted by the AEC.

             (3)  If, in making an order under section 100 of the Act that a ballot be held, the FWC allows the ballot to be conducted by a designated official, the General Manager must, as soon as practicable after the order is made, give the designated official a copy of the question proposed to be put to ballot.

Note:          In certain circumstances the FWC may allow the ballot to be conducted by an officer of the constituent part instead of the AEC. The officer is a designated official (see subsections 93(1) and 102(1A) of the Act).

9  Regulation 86 (heading)

After “s 102(1)”, insert “and (1C)”.

10  Subregulation 86(1)

After “electoral official”, insert “or designated official”.

11  Subregulation 86(2)

Omit “electoral” (wherever occurring).

12  Regulation 87 (heading)

After “ballot”, insert “—electoral official”.

13  After regulation 87

Insert:

87A  Conduct of ballot—designated official (s 102(1C))

             (1)  The designated official conducting a ballot may take action and give any direction necessary to ensure that no unlawful disclosure or other irregularity occurs in relation to the ballot if:

                     (a)  the person in relation to whom the designated official takes the action, or the person to whom the designated official gives the direction, is a member of the amalgamated organisation; and

                     (b)  the designated official is satisfied that the action or direction is reasonably directed to removing or reducing the threat of unlawful disclosure or other irregularity occurring in relation to the ballot.

             (2)  A person must comply with a direction given to the person under subregulation (1).

Note:          This subregulation is a civil penalty provision (see regulation 168).

             (3)  The designated official must advise the General Manager and the Commissioner of a possible contravention of subregulation (2) not later than 21 days after the designated official has become aware of the possible contravention.

14  Regulation 88 (heading)

Omit “(s 101)”, substitute “(s 102(1) and (1C))”.

15  Subregulation 88(1)

After “who are”, insert “, in accordance with section 101 of the Act,”.

16  Paragraph 88(3)(a)

After “electoral official”, insert “or designated official”.

17  Regulation 89 (heading)

After “(s 102(1)”, insert “and (1C)”.

18  Subregulation 89(1)

After “electoral official”, insert “or designated official”.

19  Subregulation 89(1)

Omit “and copying”.

20  Subregulation 89(2)

Omit “electoral” (first occurring).

21  Subregulation 89(2)

Omit “and copying”.

22  Paragraph 89(2)(b)

Omit “electoral”.

23  After subregulation 89(2)

Insert:

          (2A)  Despite paragraph 88(3)(b), the roll made available to a person mentioned in paragraph (2)(a) or (b) of this regulation, other than to a member of the constituent part who is entitled to vote at the ballot, must contain only the name of each person on the roll.

          (2B)  Only an electoral official, designated official or assisting official may copy the roll.

24  At the end of regulation 89

Add:

             (5)  If a person (the first person) obtains information about another person from a roll under this Division, the first person must not:

                     (a)  use the information to contact or send material to the other person, unless the first person is expressly authorised by the Act or this Division to contact or send material to the other person; or

                     (b)  disclose the information knowing that the information is likely to be used to contact or send material to the other person.

Note:          This subregulation is a civil penalty provision (see regulation 168).

             (6)  The AEC, or the designated official conducting the ballot, must advise the General Manager and the Commissioner of a possible contravention of subregulation (5) not later than 21 days after the AEC or designated official has become aware of the possible contravention.

25  Regulation 90 (heading)

Repeal the heading, substitute:

90  Electoral official or designated official to supply copies of question (s 102(1) and (1C))

26  Paragraph 90(a)

After “AEC”, insert “or designated official”.

27  Paragraph 90(b)

After “electoral official”, insert “or designated official”.

28  Regulation 90

Omit “electoral” (last occurring).

29  After regulation 90

Insert:

90A  Ballot paper (s 102(1) and (1C))

                   Ballot papers for use in a ballot must be in accordance with Form 3.

30  Regulation 91 (heading)

Repeal the heading, substitute:

91  Postal ballot—dispatch of ballot papers and other material (s 102(1) and (1C))

          (1A)  This regulation applies in relation to a postal ballot.

31  Regulation 91

Omit “The electoral officer conducting a ballot must, as soon as practicable, but no earlier than 2 days before the commencing day of a ballot, post to each person entitled to vote at”, substitute “(1) The electoral official or designated official conducting the ballot must, as soon as practicable but no earlier than 7 days before the commencing day of the ballot, post to each person entitled to vote in”.

32  Paragraphs 91(a) and (b)

Omit “electoral”.

33  Paragraph 91(d)

After “AEC”, insert “or the designated official”.

34  At the end of regulation 91

Add:

Note:          Ballot papers sent to constituent members for a postal ballot must be accompanied by the material specified in subsection 102(2) of the Act.

35  Regulation 92 (heading)

Repeal the heading.

36  Subregulation 92(1)

Repeal the subregulation.

37  Subregulation 92(2)

After “electoral official” (first occurring), insert “or designated official”.

38  Paragraph 92(2)(b)

Omit “electoral”.

39  Regulation 93 (heading)

Repeal the heading, substitute:

93  Postal ballot—duplicate ballot paper (s 102(1) and (1C))

          (1A)  This regulation applies in relation to a postal ballot.

40  Subregulation 93(1)

After “electoral official” (first occurring), insert “, or the designated official conducting the ballot,”.

41  Subregulation 93(1)

Omit “electoral” (last occurring).

42  Paragraph 93(2)(a)

After “an electoral official”, insert “, or to the designated official,”.

43  Paragraph 93(2)(a)

Omit “electoral” (last occurring).

44  Paragraph 93(2)(d)

Omit “at”, substitute “in”.

45  Subregulation 93(3)

Omit “electoral”.

46  Regulation 94 (heading)

Repeal the heading, substitute:

94  Postal ballot—manner of voting (s 102(1)and (1C))

          (1A)  This regulation applies in relation to a postal ballot.

47  Subregulation 94(1)

Omit “at a ballot”, substitute “in the ballot”.

48  Paragraph 94(2)(a)

Omit “92(2)(a) or (b)”, substitute “91(2)(a) or (b)”.

49  Paragraph 94(2)(d)

After “AEC” (first occurring), insert “, or to the designated official conducting the ballot,”.

50  Paragraph 94(2)(d)

After “AEC” (last occurring), insert “or designated official”.

51  After regulation 94

Insert:

94A  Assisting official (s 102(1C))

             (1)  The designated official conducting a ballot may, in writing, authorise an officer or member of the constituent part (the assisting official) to assist the designated official in conducting the ballot.

             (2)  Copies of the authorisation must be displayed at:

                     (a)  the places fixed for an attendance ballot under paragraph 94C(3)(a); and

                     (b)  the places where a scrutiny is conducted under regulation 96.

             (3)  In assisting the designated official in conducting the ballot, an assisting official must comply with any directions of the designated official.

94B  Attendance ballot—dispatch of material (s 102(1), (1C) and (4))

             (1)  This regulation applies in relation to an attendance ballot.

             (2)  The electoral official or designated official conducting the ballot must, as soon as practicable after the FWC makes the order under section 100 of the Act for the ballot, post to each person entitled to vote at the ballot a sealed envelope, addressed to the postal address of the person shown on the roll of voters, containing the material specified in paragraphs 102(2)(a) to (ca) of the Act.

             (3)  The electoral official or designated official conducting the ballot may post, with the material mentioned in subregulation (2):

                     (a)  directions to help a person voting in the ballot comply with these Regulations; and

                     (b)  other directions the official reasonably believes may assist in ensuring that an irregularity does not occur in relation to the ballot; and

                     (c)  information about the conduct of the ballot.

             (4)  Material required to be sent under subregulation (2) must be sent in sufficient time for it to be delivered, in the ordinary course of post, at least 7 days before the relevant commencing day.

94C  Attendance ballot—conduct of ballot (s 102(1), (1C) and (4))

             (1)  This regulation applies in relation to an attendance ballot.

             (2)  Members of the constituent part who are entitled to vote at the ballot may exercise an absentee vote in relation to the ballot.

             (3)  The electoral official or designated official conducting the ballot must:

                     (a)  fix the places, and the times of opening and closing, for the ballot; and

                     (b)  include in the material posted under regulation 94B in relation to the ballot details of:

                              (i)  the places and times fixed under paragraph (a); and

                             (ii)  the procedure for obtaining and exercising an absentee vote in relation to the ballot; and

                     (c)  make copies of the material posted under regulation 94B in relation to the ballot available at the places fixed under paragraph (a).

Note:          The electoral official or designated official, or an assisting official, must keep the ballot material in safe custody until a scrutiny is conducted: see regulation 95.

94D  Attendance ballot—issuing of ballot papers (s 102(1) and (1C))

             (1)  This regulation applies in relation to an attendance ballot.

             (2)  An electoral official or designated official conducting the ballot, or an assisting official, must issue to each member entitled to vote at the ballot a ballot paper bearing:

                     (a)  the initials of the electoral official or designated official; or

                     (b)  a facsimile of those initials.

Note:          The electoral official or designated official, or an assisting official, must keep the ballot papers in safe custody until a scrutiny is conducted: see regulation 95.

94E  Attendance ballot—duplicate ballot papers (s 102(1) and (1C))

             (1)  This regulation applies in relation to an attendance ballot.

             (2)  If a person entitled to vote at the ballot satisfies the presiding electoral official, or the designated official conducting the ballot or an assisting official, before depositing the ballot paper in the ballot box, that the person has accidentally spoilt the paper, the official must:

                     (a)  mark “spoilt” on the paper and initial the marking; and

                     (b)  keep the paper; and

                     (c)  issue a fresh ballot paper to the person.

94F  Attendance ballot—duplicate ballot paper etc. for absentee voting (s 102(1) and (1C))

             (1)  This regulation applies in relation to an attendance ballot.

             (2)  If, on the written application of a person, an electoral official, or the designated official conducting the ballot, is satisfied that:

                     (a)  a ballot paper; or

                     (b)  another document required to be posted with a ballot paper;

that was posted to the person for the purposes of exercising an absentee vote in relation to the ballot in accordance with subregulation 94C(2):

                     (c)  has not been received by the person; or

                     (d)  has been lost or destroyed; or

                     (e)  in the case of a ballot paper, has been spoilt;

the official must, as soon as practicable, give a duplicate of the relevant document to the person.

             (3)  An application under subregulation (2) must:

                     (a)  be sent to an electoral official, or the designated official, so that it is received by the official on or before the closing day of the ballot; and

                     (b)  state the grounds for making the application; and

                     (c)  if practicable, be accompanied by evidence that verifies, or tends to verify, those grounds; and

                     (d)  contain a signed declaration that the person has not voted at the ballot; and

                     (e)  if the application relates to a ballot paper that has been spoilt, be accompanied by the ballot paper.

             (4)  An official to whom a spoilt paper is returned under paragraph (3)(e) must deal with the paper in accordance with paragraphs 94E(2)(a) and (b).

52  Regulation 95 (heading)

After “(s 102(1)”, insert “and (1C)”.

53  Regulation 95

Omit “The electoral official conducting a ballot”, substitute “An electoral official or designated official conducting a ballot, or an assisting official,”.

54  Regulation 96 (heading)

After “(s 102(1)”, insert “and (1C)”.

55  Subregulation 96(1)

After “electoral official”, insert “or designated official”.

56  After subregulation 96(1)

Insert:

          (1A)  The designated official may be assisted in conducting the scrutiny by one or more assisting officials.

57  Subregulation 96(2)

Omit “electoral”.

58  Subparagraph 96(3)(a)(i)

After “official”, insert “, or the designated official”.

59  Paragraph 96(3)(d)

Before “the ballot”, insert “for a postal ballot—”.

60  Paragraph 96(3)(d)

Omit “92(2)(a) or (b)”, substitute “91(2)(a) or (b)”.

61  At the end of subregulation 96(3)

Add:

               ; or (e)  for an attendance ballot—the ballot paper does not comply with a direction under paragraph 94B(3)(a) or (b).

62  Subregulations 96(4), (5) and (6)

Omit “electoral” (wherever occurring).

63  Regulation 97 (heading)

After “(s 102(1)”, insert “and (1C)”.

64  Paragraph 97(5)(a)

After “regulation 91”, insert “or 94B”.

65  After paragraph 97(5)(a)

Insert:

                    (aa)  the preparation and dispatch of duplicate ballot papers under regulation 93 or 94F; and

                   (ab)  the issue of ballot papers under regulation 94D; and

                    (ac)  the issue of fresh ballot papers under regulation 94E; and

66  Subregulation 97(6)

After “electoral official” (first occurring), insert “or designated official”.

67  Subregulation 97(6)

Omit “electoral” (last occurring).

68  Subregulation 97(7)

After “electoral officials”, insert “, or the sum of the designated official and the number of assisting officials,”.

69  Subregulation 97(8)

After “electoral official”, insert “or designated official”.

70  Subregulation 97(9)

Omit “electoral”.

71  Subregulation 97(11)

After “The AEC”, insert “, or the designated official conducting the ballot,”.

72  Subregulation 97(11)

After “after the AEC”, insert “or designated official”.

73  Regulation 98 (heading)

After “AEC”, insert “or designated official”.

74  Paragraph 98(1)(b)

Before “the total”, insert “for a postal ballot—”.

75  Paragraph 98(1)(b)

After “AEC”, insert “or designated official”.

76  After paragraph 98(1)(b)

Insert:

                   (ba)  for an attendance ballot—the total number of envelopes posted in accordance with regulation 94B that were returned undelivered by the closing date of the ballot to the AEC or designated official (if applicable);

                   (bb)  for an attendance ballot—the total number of ballots posted to one or more persons for the purposes of exercising an absentee vote in relation to the ballot in accordance with subregulation 94C(2) that were returned undelivered by the closing date of the ballot to the AEC or designated official (if applicable);

77  Paragraphs 98(1)(e), (f) and (g)

After “AEC” (wherever occurring), insert “or designated official”.

78  Subregulation 98(2)

Omit “The AEC”, substitute “If the ballot was conducted by the AEC, the AEC”.

79  After subregulation 98(2)

Insert:

          (2A)  If the ballot was conducted by a designated official:

                     (a)  the designated official must give the report under subsection 107(1) of the Act within 14 days after the closing day of the ballot; and

                     (b)  the amalgamated organisation from which the constituent part withdrew or sought to withdraw must publish the report as soon as practicable, but no later than 21 days after the closing day of the ballot:

                              (i)  on the amalgamated organisation’s website; or

                             (ii)  if the amalgamated organisation does not have a website—in a manner that is reasonably accessible to the organisation’s members.

80  Subregulation 98(3)

Repeal the subregulation, substitute:

             (3)  The amalgamated organisation from which the constituent part withdrew or sought to withdraw must, as soon as practicable after receiving a report mentioned in paragraph (2)(a) or (2A)(a), publish a notice of the availability of the report:

                              (i)  on the amalgamated organisation’s website; or

                             (ii)  if the amalgamated organisation does not have a website—in a manner that is reasonably accessible to the organisation’s members.

81  Subregulation 98(5)

Repeal the subregulation.

82  Regulation 100

After “AEC”, insert “, or the designated official conducting the ballot,”.

83  Subregulation 101(1)

After “electoral official”, insert “or designated official”.

84  Subregulation 101(2)

Omit “electoral”.

85  Subparagraph 102(1)(b)(i)

After “a member”, insert “of the constituent part”.

86  Subparagraph 102(1)(b)(iii)

Repeal the subparagraph, substitute:

                            (iii)  for a ballot conducted by the AEC—the Electoral Commissioner; or

                            (iv)  for a ballot conducted by a designated official—the designated official; and

87  Paragraph 102(1)(c)

Omit “in the Federal Court”, substitute “with the FWC”.

88  Paragraph 102(1)(c)

Omit “Federal Court Rules”, substitute “Procedural Rules”.

89  Subregulation 107(3)

After “relevant”, insert “amalgamated”.

90  At the end of paragraph 107(5)(c)

Add “and the statements of names, and rules and alterations of rules, mentioned in section 95A of the Act”.

91  Regulation 110

Repeal the regulation, substitute:

110  Enterprise agreements made before withdrawal

             (1)  This regulation is prescribed for the purposes of section 124 of the Act.

             (2)  If, following the withdrawal of a constituent part from an amalgamated organisation:

                     (a)  the amalgamated organisation and the constituent part (the newly registered organisation) are both covered by an enterprise agreement by virtue of section 113 of the Act; and

                     (b)  the amalgamated organisation is no longer entitled to represent the industrial interests of the employees covered by the agreement;

then, on and from the day the registration takes effect, any rights under or relating to the agreement are exercisable only by the newly registered organisation.

Note:          Under paragraph 109(1)(c) of the Act, the Federal Court must, on application, make orders it thinks fit in connection with giving effect to the withdrawal of a constituent part from an amalgamated organisation, which may include orders relating to the coverage of enterprise agreements.

92  Regulation 113 (heading)

After “AEC”, insert “or designated official”.

93  Subregulation 113(1)

After “AEC”, insert “or a designated official”.

94  Subregulation 113(2)

After “AEC” (wherever occurring), insert “or designated official”.

95  Subparagraph 114(a)(i)

Omit “63 or 91”, substitute “63, 91 or 94B”.

96  After paragraph 114(a)

Insert:

                    (aa)  against a designated official conducting a ballot under the Act or these Regulations, in relation to:

                              (i)  the printing or issuing of a document or other material that is required or permitted under regulation 91 or 94B to be contained in the sealed envelope mentioned in that regulation; or

                             (ii)  the printing or issuing of a post ballot report given by the designated official under 107 of the Act; or

97  Paragraph 114(b)

After “paragraph (a)”, insert “or (aa)”.

98  After paragraph 168(2)(c)

Insert:

                    (ca)  subregulation 87A(2) (direction by designated official);

                   (cb)  subregulation 89(5) (unauthorised use of information);

99  Paragraph 168(2)(d)

After “electoral official”, insert “or designated official”.

100  Subregulation 171(1)

Omit “The following”, substitute “Subject to subregulation (1A), the following”.

101  After subregulation 171(1)

Insert:

          (1A)  If the civil penalty provision mentioned in paragraph 168(2)(ca), (d) or (f) relates to a direction or authorisation by a designated official, the following persons may apply for an order under this Part:

                     (a)  the General Manager;

                     (b)  the Commissioner.

102  Schedule 3 (Form 2)

Repeal the form, substitute:

Form 2Application for ballot under Part 3 of Chapter 3

  

(paragraph 82(a))

Fair Work (Registered Organisations) Act 2009, subsection 94(4)

APPLICATION FOR BALLOT UNDER PART 3 OF CHAPTER 3

 

TO:  THE FAIR WORK COMMISSION

 

I/We, (full name(s) of applicant(s)), the applicant(s) listed in the schedule to this application,*:

 

(a)    apply for a ballot to be held to decide whether (name of constituent part of amalgamated organisation) should withdraw from (name of amalgamated organisation); and

(b)    nominate (name), of (address) as the representative constituent member for the purposes of the ballot.

 

*Omit if inapplicable.

 

PARTICULARS

1.     Details of the eligibility of the applicant(s) to make the application in accordance with subsection 94(3) of the Act.

2.     The date of the amalgamation as a result of which the constituent part became part of the amalgamated organisation.

3.     If the application is made more than 5 years after the date of the amalgamation—any information the applicant(s) consider relevant to whether it is appropriate for the FWC to accept the application under section 94A of the Act.

4.     A statement that neither of the events in subsection 94(2) of the Act has occurred.

5.     Each question proposed to be put to the ballot.

6.     Any other information that the applicant wishes the FWC to have regard to.

Note 1:       Section 95 of the Act requires this application to be accompanied by a fair and accurate written outline of the proposal to withdraw from the amalgamation.

Note 2:       Section 95A of the Act requires this application to be accompanied by a statement of the name, and a copy of the rules, proposed for the new organisation and a statement of the name, and a copy of the alterations of the rules, proposed for the amalgamated organisation.

 

Dated                                20    .

................................................

Signature of applicant(s)

103  Schedule 3 (Form 3)

Repeal the form, substitute:

Form 3Ballot paper under Part 3 of Chapter 3

  

(regulation 90A)

Fair Work (Registered Organisations) Act 2009, section 102

 

BALLOT OF MEMBERS OF

(Name of constituent part of organisation)

 

BALLOT PAPER IN RESPECT OF PROPOSED WITHDRAWAL FROM AMALGAMATED ORGANISATION

 

CLOSING DATE OF BALLOT:  (Date)

 

(Initials, or facsimile of initials, of the person conducting the ballot)

 

Directions to Voter

 

1.     Record your vote on the ballot paper as follows:

·    if you approve the withdrawal of the constituent part from the amalgamated organisation referred to in the question set out below, write “YES” in the space provided opposite the question;

·    if you do not approve the withdrawal of the constituent part from the amalgamated organisation referred to in the question set out below, write “NO” in the space provide opposite the question.

 

2.     Do not place on this paper any mark or writing by which you may be identified.

 

QUESTION FOR VOTERS:

 

DO YOU APPROVE THE PROPOSED WITHDRAWAL OF (name of constituent part of organisation whose members are voting) FROM (name of amalgamated organisation from which withdrawal is proposed) AND ITS REGISTRATION AS A SEPARATE ORGANISATION UNDER THE FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009?

 

 

 

 

104  Schedule 3 (Form 4)

Repeal the form, substitute:

Form 4Application for determination of day of withdrawal from amalgamated organisation

  

(subregulation 107(5))

Fair Work (Registered Organisations) Act 2009, subsection 109(5)

 

APPLICATION FOR DETERMINATION OF DAY OF WITHDRAWAL FROM AMALGAMATED ORGANISATION

 

TO: THE FEDERAL COURT OF AUSTRALIA

 

I/We, (full name(s) of applicant(s)), the applicant(s) listed in the schedule to this application*, apply for:

 

(a)    a determination of the day on which the withdrawal of (name of constituent part of amalgamated organisation) from (name of amalgamated organisation) is to take effect;

(b)    orders to apportion the assets and liabilities of (name of amalgamated organisation) between (name of amalgamated organisation) and (name of constituent part of amalgamated organisation);*

(c)    other orders in connection with giving effect to the withdrawal*.

 

*Omit if inapplicable.

 

INFORMATION

1.     Details of the eligibility of the applicant(s) to make the application in accordance with subsection 109(3) of the Act.

2.     A statement that more than 50% of the formal votes cast in a ballot are in favour of the constituent part withdrawing from the amalgamated organisation.

3.     If the constituent part, or an organisation of which the constituent part was a State or Territory branch, was de‑registered in connection with the formation of the amalgamated organisation:

a. the assets and liabilities of the constituent part or organisation before the de‑registration; and

b. any change in the net value of those assets or liabilities that has occurred since the amalgamation.

4.     Details of any rules, arrangements, practices or understandings of the amalgamated organisation under which:

a. assets of the amalgamated organisation have been held for the benefit of the constituent part; or

b. liabilities of the amalgamated organisation have been the responsibility of the constituent part.

5.     Details of the creditors of the amalgamated organisation and the nature of their interest.

6.     Other information to which the applicant wishes the Court to have regard.

 

Dated                                20    .

 

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Signature of applicant(s)