Fair Work (Registered Organisations) Act 2009

The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:

the application for the ballot is validly made under section 94; and

the outline under section 95 relating to the application:

is a fair and accurate representation of the proposal for withdrawal from the organisation; and

addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and

the proposal for withdrawal from the organisation complies with any requirements specified in the regulations.

In considering whether to order that a ballot be held, the FWC may hear from:

an applicant for the ballot; and

the amalgamated organisation; and

a creditor of the amalgamated organisation; and

any other person who would be affected by the withdrawal of the constituent part from the amalgamated organisation.

If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.