Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 64

    If:

  (a)   an application was lodged under section   47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section   65; and

  (b)   the proposal provides for:

  (i)   the ballot to be by secret ballot of the members of the organisation; and

  (ii)   the ballot to be held at duly constituted meetings of the members; and

  (iii)   the ballot to be conducted by the AEC; and

  (iv)   the members to be given at least 21 days' notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and

  (v)   the distribution or publication of:

  (A)   the outline of the scheme for the amalgamation; and

  (B)   the statements mentioned in subsections   60(1) and (2); and

  (vi)   absent voting; and

  (vii)   the ballot to be otherwise conducted in accordance with the regulations; and

  (c)   the FWC is satisfied, after consulting with the Electoral Commissioner:

  (i)   that the proposal is practicable; and

  (ii)   that approval of the proposal is likely:

  (A)   to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section   65; and

  (B)   to give the members of the organisation an adequate opportunity to vote on the amalgamation without intimidation;

the FWC must, at the conclusion of the hearing arranged under section   53 in relation to the amalgamation, approve the proposal.