Industrial Relations Regulation 2018

If an application for an exemption from holding a ballot for a proposed withdrawal is made under section 65, the commission may give the exemption only if satisfied—

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

if the proposed newly registered organisation’s eligibility rules are different from those of the organisation registered under the Commonwealth Registered Organisations Act, section 110—the interests of the constituent members who were ineligible to vote in the federal ballot have not been detrimentally affected; and

objections about the possible changes of eligibility rules 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 an exemption, the constituent members are taken to have approved the withdrawal.

In this section—federal ballot means a ballot that 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.