Industrial Relations Act 1996

This clause applies on the withdrawal date.

All proceedings relating to the assets, rights or liabilities of the withdrawn division commenced before the withdrawal date by or against the CFMEU NSW or a predecessor of the CFMEU NSW and pending immediately before the withdrawal date are taken to be proceedings pending by or against the new State organisation.

Without limiting subclause (2)—

for proceedings wholly concerning the interests of members in connection with the withdrawn division for which the withdrawn division or the CFMEU NSW was party to immediately before the withdrawal date—the new State organisation is substituted for the withdrawn division or the CFMEU NSW, or

for proceedings concerning part of the interests of the members in connection with the withdrawn division for which the withdrawn division or the CFMEU NSW was party to immediately before the withdrawal date—the new State organisation becomes a party to the proceedings and has the same rights and obligations in the proceedings as the withdrawn division or the CFMEU NSW.