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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 43

Community of interest declaration

Existing organisations may apply for declaration

  (1)   The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.

  (2)   The application must be lodged:

  (a)   before an application has been lodged under section   44 in relation to the amalgamation; or

  (b)   with the application that is lodged under section   44 in relation to the amalgamation.

  (3)   If the application is lodged before an application has been lodged under section   44 in relation to the amalgamation, the FWC:

  (a)   must immediately fix a time and place for hearing submissions in relation to the making of the declaration; and

  (b)   must ensure that all organisations are promptly notified of the time and place of the hearing; and

  (c)   may inform any other person who is likely to be interested of the time and place of the hearing.

Making of declaration

  (4)   If, at the conclusion of the hearing arranged under subsection   (3) or section   53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.

Pre - conditions to making of declaration

  (5)   The FWC must be satisfied, for the purposes of subsection   (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:

  (a)   eligible to become members of the other organisation or each of the other organisations; or

  (b)   engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or

  (c)   covered by the same modern awards as members of the other organisation or each of the other organisations; or

  (d)   employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or

  (e)   engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.

  (6)   The FWC must be satisfied, for the purposes of subsection   (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:

  (a)   eligible to become members of the other organisation or each of the other organisations; or

  (b)   engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or

  (c)   covered by the same modern awards as members of the other organisation or each of the other organisations; or

  (d)   engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.

  (7)   Subsections   (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection   (4), that there is a community of interest between organisations in relation to their industrial interests.

Circumstances in which declaration ceases to be in force

  (8)   If:

  (a)   an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section   44 in relation to the amalgamation; and

  (b)   a declaration is made under this section in relation to the amalgamation; and

  (c)   an application is not lodged under section   44 in relation to the amalgamation within 6 months after the declaration is made;

the declaration ceases to be in force.

  (9)   The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.

  (10)   However, before the FWC revokes the declaration, it must:

  (a)   give reasonable notice of its intention to revoke to each of the organisations that applied for the declaration; and

  (b)   give each of those organisations an opportunity to be heard.


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