Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation; and
(b) the members of the organisation do not approve the amalgamation;
the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.
(2) If the application is lodged within 12 months after the result of the ballot is declared, the FWC may order:
(a) that any step in the procedure provided by this Part be dispensed with in relation to the proposed amalgamation; or
(b) that a fresh ballot be conducted in place of an earlier ballot in the amalgamation;
and the FWC may give such directions and make such further orders as the FWC considers necessary or desirable.
(3) Subsection (2) does not by implication require a
further application under section 44 to be lodged within the 12 month
period mentioned in that subsection.