Industrial Relations Regulation 2018

If an application for an exemption from holding an amalgamation ballot has been made under section 64, the commission may give the exemption only if satisfied—

the percentage of Queensland voters in the federal ballot approving the amalgamation was the same as, or more than, the percentage that would have been required to approve the amalgamation under section 116 had the Queensland voters been voting in a ballot for an amalgamation to which section 116 applied; and

if the organisations’ and the counterpart federal bodies’ eligibility rules differ—the interests of the organisations’ members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

any objections on the ground mentioned in section 73 have been resolved; and

all likely legal challenges, including inquiries under the Commonwealth Registered Organisations Act, in the federal jurisdiction have ended.

If the commission is satisfied of the things mentioned in subsection (1), the commission must give the exemption, unless it considers the exemption should be refused because of special circumstances.

If the commission gives the exemption, the organisation’s members are taken to have approved—

the proposed amalgamation; and

each proposed alternative amalgamation.

In this section—federal ballot means a ballot that has been held under the Commonwealth Registered Organisations Act to approve a proposed amalgamation.