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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 36

Procedure to be followed for proposed amalgamation etc.

  (1)   For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part   is to be followed.

  (2)   Where it appears to the FWC that the performance of an act, including:

  (a)   the de - registration of an organisation; and

  (b)   the registration of an organisation; and

  (c)   the giving of consent to:

  (i)   a change in the name of an organisation; or

  (ii)   an alteration of the eligibility rules of an organisation;

is sought for the purposes of a proposed amalgamation, the FWC may perform the act only in accordance with this Part.

  (3)   If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.

  (4)   Directions and orders under subsection   (3):

  (a)   have effect subject to any order of the Federal Court; and

  (b)   have effect despite anything in:

  (i)   the regulations, or the procedural rules of the FWC made under section   609 of the Fair Work Act; or

  (ii)   the rules of an organisation or any association proposed to be registered as an organisation.


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