Fair Work (Registered Organisations) Act 2009

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.

Application must be made to the FWC by the organisation for approval of the amalgamation.

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

If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 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.

The FWC must:

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

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

fix a period during which objections may be lodged.

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

another organisation; or

a member of the associated body; or

a registered association in the State in which the associated body functions;

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

the provisions of this section have not been complied with; or

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

If any objections are duly lodged or if the FWC otherwise deems it advisable to do so, the FWC must:

fix a day and place of hearing; and

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

If the FWC:

finds that no duly made objection is justified; and

is satisfied that the provisions of this section have been complied with; and

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

is satisfied that any proposed alterations of the rules of the organisation:

comply with and are not contrary to this Act and applicable modern awards; and

are not otherwise contrary to law; and

have been decided on under the rules of the organisation;

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

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

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:

become members of the organisation; and

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