Industrial Relations Regulation 2018

An existing organisation may apply to the commission for approval for an amalgamation ballot that is not a postal ballot (an alternative ballot).

A constituent part may apply to the commission for approval for a withdrawal ballot that is not a postal ballot (also an alternative ballot).

The application must—

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

state, or be accompanied by, the proposal for the alternative ballot; and

for an amalgamation ballot—

be signed by the applicant’s president or secretary; and

be accompanied by an affidavit by a member of the applicant’s management committee stating subsection (4) has been complied with; and

for a withdrawal ballot—

be signed by the applicant’s representative constituent member; and

be accompanied by an affidavit by the applicant’s representative constituent member stating subsection (5) has been complied with.

An application for an amalgamation ballot may be made only if the applicant’s management committee has—

resolved to make the application; and

notified each member of the making of the resolution by—

giving the member a copy of the resolution; or

including it in a publication the organisation gives its members free of charge.

An application for a withdrawal ballot may be made only if the constituent part has given each member notice of the making of the application in 1 of the following ways—

personally;

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

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

The alternative ballot must provide—

that the ballot is to be—

a secret ballot of the existing organisation’s members or constituent members who have a right to vote in the ballot; and

held at meetings of the members; and

carried out by the electoral commission; and

otherwise held under the Act; and

that members are to be given at least 21 days notice of—

the meetings; and

the things to be considered at the meetings; and

each member’s entitlement to an absentee vote; and

for the posting of the scheme outline and the ‘yes’ case or ‘no’ case under section 99; and

for absentee voting.