Industrial Relations Act 1996

The Industrial Court must determine a withdrawal application by making an order, in accordance with this schedule, for the withdrawal of the division concerned from the CFMEU NSW and the reconstitution of the withdrawn division as a State organisation.

Before determining a withdrawal application, the Industrial Court must give the following persons an opportunity to be heard—

the applicant,

another CFMEU NSW body who is not an applicant,

a new State organisation.

In determining a withdrawal application, the Industrial Court must—

determine the day on which the withdrawal must take effect, and

make orders specifying—

the rules of the proposed State organisation, and

the alteration of the rules and name of the CFMEU NSW, and

make orders necessary to apportion the assets and liabilities of the CFMEU NSW between the CFMEU NSW and the proposed State organisation, and

make other orders the Industrial Court thinks fit in relation to giving effect to the withdrawal and proposed State organisation, including in relation to the matters referred to in Part 4.

For orders under subclause (3)(b), the Industrial Court must—

as far as is reasonably practicable, prevent an overlap between the eligibility rules of the CFMEU NSW and the eligibility rules of the proposed State organisation, and

make rules for the CFMEU NSW that are consistent with the rules of the CFMEU or the corresponding division, branch or other separately identifiable part of the CFMEU, and

despite the other provisions of this schedule, make eligibility rules for the proposed State organisation as follows, unless otherwise agreed by the applicant and the CFMEU NSW—

for the proposed Timber, Furnishing and Textiles Union of New South Wales—as specified in Part 1 of the notice published in the Gazette on 9 September 2025 (the Gazette notice),

for the proposed Mining and Energy Union of New South Wales—as specified in Part 2 of the Gazette notice.

In making an order under this clause, the Industrial Court must take reasonable steps to ensure that—

after the withdrawal—the remaining CFMEU NSW bodies or body as constituted after the withdrawal are identical or substantially similar to the corresponding divisions, branches or other separately identifiable parts of the CFMEU in relation to membership, and

the requirements under section 239(1)(a) and (b) would likely be met for rules of the proposed State organisation specified in the order that provide for officers of a State branch of a Federal organisation to be taken to be the officers of the proposed State organisation in accordance with section 239.

In making an order under subclause (3)(c), the Industrial Court must have regard to the following—

the assets and liabilities of the division to be withdrawn before the division, or the State organisation or part of the State organisation existing in relation to the division, was de-registered under this Act in connection with the formation of the CFMEU NSW,

any change in the net value of the assets or liabilities that has occurred since the amalgamation with the CFMEU NSW,

the submissions by parties about the apportionment of the assets and liabilities,

any agreements between the CFMEU NSW and the division to be withdrawn concerning the assets or liabilities of the division,

the proportion of members of the CFMEU NSW covered by the division to be withdrawn,

the interests of creditors of the CFMEU NSW.