Fair Work (Registered Organisations) Act 2009

This clause applies if the Manufacturing Division is proposing to withdraw from the CFMEU.

The CFMEU and the committee of management of the Manufacturing Division may give the Minister a notice, made jointly in writing, containing the following:

a statement of the name, and a copy of the rules, proposed for the organisation (the new organisation) that the Manufacturing Division is to be registered as when the withdrawal from amalgamation takes effect;

a statement of the name, and a copy of the alterations of the rules, proposed for the CFMEU when the withdrawal from amalgamation takes effect;

if there is any overlap between the eligibility rules proposed for the new organisation and the eligibility rules for the CFMEU as proposed to be altered—details of the overlap, along with undertakings from the committee of management of the Manufacturing Division and the CFMEU about how the Manufacturing Division and the CFMEU will avoid demarcation disputes that might otherwise arise from the overlap.

A joint written notice under subclause (2) must:

state that the committee of management of the Manufacturing Division and the CFMEU have reached agreement on the following matters:

the name of the CFMEU when the withdrawal from amalgamation takes effect;

the eligibility rules included in the copy of the rules proposed for the new organisation when the withdrawal from amalgamation takes effect;

the eligibility rules for the CFMEU as proposed to be altered when the withdrawal from amalgamation takes effect; and

be signed by:

a person authorised by the committee of management of the CFMEU to sign the notice; and

a person authorised by the committee of management of the Manufacturing Division to sign the notice.

A reference to a committee of management in subclause (2) or (3) is taken to be a reference to the committee of management as constituted at the time the joint written notice is signed.