Industrial Relations Regulation 2018

An application may be made to the commission for a withdrawal ballot.

However, an application may not be made if—

it is more than 2 years after the amalgamation happened; or

in the year immediately before it is intended to make the application, the commission rejected an application for a withdrawal ballot to be held for the constituent part of the organisation seeking withdrawal; or

an application for a withdrawal ballot has previously been made and granted and the subsequent ballot did not approve the withdrawal.

The application may be made by—

the lesser of—

the number equal to 5% of the constituent members on the day the application is filed; or

2,000 constituent members; or

the management committee of a constituent part.

An application may be made only if the constituent part has given the constituent members notice of the making of the application.

The notice must be given—

personally; or

by post, addressed to the constituent member’s residential address; or

in a publication the amalgamated organisation or constituent part gives the constituent members free of charge.

The application must state a person (the representative constituent member) to be the applicant’s representative for the ballot—

to receive documents on the applicant’s behalf; and

for other purposes under this part.

The application must be accompanied by an affidavit by the representative constituent member stating subsection (4) has been complied with.