Fair Work (Registered Organisations) Act 2009

If a joint written notice is not given to the Minister under subclause 2(2) on or before 30 August 2024, the provisions of this clause have effect.

The following provisions of the old Act do not apply in respect of an application made under subclause 3(1):

subsections 94(1) and (2);

section 94A;

subsections 95A(3) and (6).

An application made under subclause 3(1) is not required to comply with the following provisions of the old Regulations:

paragraph 83(a);

paragraph 83(c);

paragraph 83(d);

paragraph 83(f);

particulars 2, 3 and 4 of Form 2 in Schedule 3.

Paragraph 83(b) of the old Regulations has effect as if a reference to the eligibility rules of the amalgamated organisation immediately before the application for a ballot is made were a reference to the eligibility rules of the amalgamated organisation as at 2 December 2023.

A reference in the old Act or the old Regulations to:

amalgamated organisation is taken to be a reference to the CFMEU; and

constituent part or separately identifiable constituent part is taken to be a reference to the Manufacturing Division.

It follows that, for example, for the purposes of the following provisions of the old Act, the Manufacturing Division is taken to be the relevant separately identifiable constituent part:

the definitions of constituent member and proposed withdrawal from amalgamation in subsection 93(1);

paragraph 94(3)(c);

paragraph 109(2)(d);

paragraph 109(3)(d);

section 111.

For the purposes of paragraph (e) of Note 1, section 111 does not apply to all persons eligible to be members of the Manufacturing Division (see subclause (9)).

If an application is made under subclause 3(1) or subsection 109(1) of the old Act, a reference to a committee of management in the following provisions of the old Act is taken to be a reference to the committee of management as constituted at the time the application is made:

subsection 94(3);

subsection 109(3).

Section 95A of the old Act has effect as if subsections (4) and (5) of that section were omitted and the following subsections were substituted:

2(C);

2(F), but must exclude:

persons who are engaged in Queensland, the Australian Capital Territory or the Northern Territory; and

floor covering layers in Queensland or Western Australia; and

persons who are engaged in the plate, sheet or ornamental glass industry in New South Wales or Western Australia and persons engaged in or in connection with the following industries or trades in New South Wales or Western Australia: plate and sheet glass in warehouses, shops, factories or stores, glass bevellers, glass benders, glass workers (excepting those on spectacles, lenses or frames and employees in firms where such employees are engaged on work connected with the manufacture or repair of scientific, precision or other instruments such as binoculars, microscopes, military, aircraft and naval instruments), glass lampshade workers, safety glass workers, glaziers, glass polishing, cutting, painting, cementing, leadlight glaziers and cutters and plate‑glass factories and luxfer glazing;

2(P)(D);

2(P)(G);

2(R).

The eligibility rules of the CFMEU, as proposed to be altered, must not overlap with the eligibility rules of the new organisation when the withdrawal from amalgamation takes effect.”.

Subsection 95A(11) of the old Act has effect as if the words “or (3)” were omitted.

Notwithstanding the definition of Manufacturing Division in clause 1, and paragraph (5)(b) of this clause, section 111 of the old Act (which deals with transfers of membership following withdrawal) does not apply in relation to persons not eligible to be members of the new organisation.

Notwithstanding the old Act and the old Regulations, if the application seeks, pursuant to subsection 100(3) of the old Act, that the FWC make orders that the vote of the constituent members be done in whole or in part by attendance ballot, the FWC must make the orders.