Industrial Relations Regulation 2018

After the hearing of objections under section 82, the commission must allow the application and approve the submission of the amalgamation to ballot if it considers the application meets the following conditions (the ballot conditions)—

the application complies with section 61;

the amalgamation involves registering a proposed organisation;

a person ineligible for membership of an existing organisation for the amalgamation will not be eligible for membership of the amalgamated organisation;

if the name of the proposed amalgamated organisation is the same as another organisation’s name or so similar to another organisation’s name as to be likely to cause confusion—the other organisation has consented in writing to the name;

the proposed amalgamated organisation’s rules and any proposed amendment of an existing organisation’s rules do not contravene the Act or an industrial instrument;

a proposed deregistration of an existing organisation complies with the Act.

If the commission considers the application does not meet the ballot conditions, it may allow the application only if satisfied the ballot conditions will be met by—

permitting the applicant to amend the amalgamation scheme; or

accepting the applicant’s undertaking to amend the amalgamation scheme.

If the commission considers an application does not meet the ballot conditions and is not satisfied the ballot conditions will be met by the things mentioned in subsection (2), the commission must allow the application only if satisfied—

no properly made objection is justified; and

the amalgamation does not contravene the Act or an industrial instrument.

If the commission is not satisfied under subsection (1), (2) or (3) it must—

refuse the application; or

adjourn the proceeding.

A permission under subsection (2)(a) may—

despite an existing organisation’s rules, allow the organisation to amend the scheme, including proposed alterations to the organisation’s rules; and

provide for the procedure that, despite the rules, may or must be followed by the management committee for the application; and

be given on conditions stated by the commission.

If an undertaking under subsection (2)(b) or conditions under subsection (5)(c) are contravened, the commission may—

amend the scheme; or

give orders or directions about—

holding the ballot; or

the procedure for the amalgamation.

Subsections (4) and (6) do not limit the commission’s other powers.