Commonwealth Consolidated Acts Commonwealth Consolidated ActsApproval must be given if certain conditions satisfied
(1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:
(a) finds that no duly made objection is justified; and
(b) is satisfied that, so far as the amalgamation involves:
(i) the registration of an association; or
(ii) a change in the name of an organisation; or
(iii) an alteration of the rules of an organisation; or
(iv) the de - registration of an organisation under this Part;
it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;
the FWC must approve the submission of the amalgamation to ballot.
Approval generally refused if conditions not satisfied
(2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.
Approval may be given if conditions will be satisfied later
(3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:
(a) permit the applicants to alter the scheme for the amalgamation, including:
(i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
(ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or
(b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including:
(i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
(ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation;
and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.
Permission to alter amalgamation scheme
(4) A permission under subparagraph (3)(a)(i):
(a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and
(b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and
(c) may be given subject to conditions.
(5) A permission under subparagraph (3)(a)(ii):
(a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and
(b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and
(c) may be given subject to conditions.
Powers of FWC if conditions or undertakings breached
(i) gives a permission under paragraph (3)(a) subject to conditions; or
(ii) accepts an undertaking under paragraph (3)(b); and
(b) the conditions are breached or the undertaking is not fulfilled within the period allowed by the FWC;
(c) amend the scheme for the amalgamation, including:
(i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
(ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or
(d) give directions and orders:
(i) in relation to the conduct of the ballot for the amalgamation; or
(ii) otherwise in relation to the procedure to be followed in relation to the amalgamation.
(7) Subsection (6) does not limit by implication the powers that the FWC has apart from that subsection.
Powers of the FWC to adjourn proceeding
(8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.
(9) Subsection (8) does not limit by implication the
power of the FWC to adjourn the proceeding at any stage.