Fair Work (Registered Organisations) Act 2009

An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:

the constituent part became part of the organisation as a result of an amalgamation under Part 2; and

the amalgamation occurred no less than 2 years prior to the date of the application; and

the application is made before the period of 5 years after the amalgamation occurred has elapsed.

However, an application cannot be made if:

during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or

a ballot was held that rejected the withdrawal of the constituent part.

The application may be made by:

the prescribed number of constituent members; or

a person authorised to make the application by the prescribed number of constituent members; or

a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or

if the application relates to a separately identifiable constituent part—the committee of management of that part; or

a person who is:

either a constituent member or a member of a committee of management referred to in paragraph (b) or (c); and

authorised to make the application by a committee of management referred to in paragraph (b) or (c).

The application must be in the prescribed form and must contain such information as is prescribed.

A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).

The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.