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Workplace Relations (Registered Organisations) Bill 2001

Part 3 Amalgamation of organisation and associated body

   

6   Organisation and associated body may amalgamate

                   An organisation and an associated body may amalgamate in the manner set out in this Part.

7   Procedure for amalgamation

             (1)  The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.

             (2)  Application must be made to the Commission by the organisation for approval of the amalgamation.

             (3)  The application must be accompanied by a copy of any proposed alterations of the rules of the organisation.

             (4)  If the rules of the organisation do not comply, subject to subclause 2(3), with Part 2 of this Schedule in respect of each branch for which the organisation proposes to seek non-corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.

             (5)  The Commission must:

                     (a)  determine what notice is to be given to other persons of the application; and

                     (b)  determine whether, on whom and how notice should be served and whether it should be advertised in any newspaper; and

                     (c)  fix a period during which objections may be lodged.

             (6)  Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:

                     (a)  another organisation; or

                     (b)  a member of the associated body; or

                     (c)  a registered association in the State in which the associated body functions;

because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.

             (7)  Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:

                     (a)  the provisions of this clause have not been complied with; or

                     (b)  the amalgamation would do substantial injustice to the members of the organisation or associated body.

             (8)  If any objections are duly lodged or if the Commission otherwise deems it advisable to do so, the Commission must:

                     (a)  fix a day and place of hearing; and

                     (b)  determine to whom and in what manner notice of the day and place of the hearing shall be given.

             (9)  If the Commission:

                     (a)  finds that no duly made objection is justified; and

                     (b)  is satisfied that the provisions of this clause have been complied with; and

                     (c)  is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and

                     (d)  is satisfied that any proposed alterations of the rules of the organisation:

                              (i)  comply with and are not contrary to this Act and applicable awards; and

                             (ii)  are not otherwise contrary to law; and

                            (iii)  have been decided on under the rules of the organisation;

the Commission must, subject to subclause (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the Commission must refuse to approve the amalgamation.

           (10)  The Commission must not approve an amalgamation unless the Commission is satisfied as to arrangements made relating to property and liabilities of the associated body.

           (11)  On the day on which the amalgamation takes effect, any alteration of the rules of the organisation takes effect.

           (12)  On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:

                     (a)  become members of the organisation; and

                     (b)  are to be taken to have been members for the period ending on that day during which they were members of the associated body.