Industrial Relations Regulation 2018

This section applies if—

a ballot has been held under the Commonwealth Registered Organisations Act to decide whether a constituent part of an amalgamated organisation under that Act should withdraw from the organisation; and

the constituent part has been registered as an organisation under the Commonwealth Registered Organisations Act, section 110.

The constituent part may apply to the commission for an exemption from holding a withdrawal ballot.

The application must—

be filed in the registry with the ballot application for the withdrawal; and

state the grounds on which it is made; and

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; and

be signed by the representative constituent member; and

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

An application may be made only if the constituent part has given each constituent member notice of the making of the application and of the member’s right to object to the application under section 75 in 1 of the following ways—

personally;

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

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