Industrial Relations Regulation 2018

At the hearing for a proposed withdrawal, the commission must allow the application and approve the submission of the withdrawal to ballot if it considers the application meets the following conditions—

the application for the ballot is made as required by section 62;

if the name of the proposed newly registered 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 newly registered organisation’s rules do not contravene the Act or an industrial instrument.

If the commission orders that a ballot be held, it may make the orders it considers appropriate for the conduct of the ballot.