it is a constitutional corporation; or

some or all of its members are federal system employers.

an employer;

a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;

a person (other than an employee) who carries on business;

an officer of the association.

it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

it is not the case that some or all of the association’s members are federal system employers.

it is a constitutional corporation; or

some or all of its members are federal system employees.

an employee;

a person specified in subsection (4);

an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;

an officer of the association.

(a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or

(b) are employees for the purposes of the Industrial Relations Act 1999 of ; or

(c) are employees for the purposes of the Industrial Relations Act 1979 of ; or

(d) are employees for the purposes of the Industrial and Employee Relations Act 1994 of .

it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

it is not the case that some or all of the association’s members are federal system employees.

it is a constitutional corporation; or

some or all of its members are federal system employees; or

the employer or employers in relation to the relevant enterprise are constitutional corporations; or

the relevant enterprise operates principally within or from a Territory; or

the relevant enterprise is engaged principally in trade or commerce between and a place outside ; or

the relevant enterprise is engaged principally in trade or commerce among the States; or

the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or

the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or

the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or

(k) the relevant enterprise is in , and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of .

an employee performing work in the relevant enterprise;

a person specified in subsection (4) performing work in the enterprise;

an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:

(i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and

an employee who would be eligible for membership of the association;

an officer of the association.

(a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or

(b) are employees for the purposes of the Industrial Relations Act 1999 of ; or

(c) are employees for the purposes of the Industrial Relations Act 1979 of ; or

(d) are employees for the purposes of the Industrial and Employee Relations Act 1994 of .

it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and

it does not satisfy paragraphs (b) to (k) of subsection (2).

(a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;

that definition applies as if it did not include a reference to that class of employers.

federal system employers;

persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;

officers of the association;

then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

Associations of employees

(a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;

the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.

(a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;

that definition applies as if it did not include a reference to that class of employees.

federal system employees;

persons specified in subsection 18B(4);

officers of the association;

then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

associations

federal system employees performing work in the relevant enterprise;

persons specified in subsection 18C(4);

officers of the association;

then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.

the association:

is a genuine association of a kind referred to in paragraph 18(a) or (b); and

is an association for furthering or protecting the interests of its members; and

in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and

in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and

in the case of an association of employees—the association has at least 50 members who are employees; and

the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and

the rules of the association make provision as required by this Act to be made by the rules of organisations; and

the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and

a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and

the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and

subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:

to which the members of the association could more conveniently belong; and

that would more effectively represent those members.

there is an organisation to which the members of the association might belong; and

the members of the association could more conveniently belong to the organisation; and

the organisation would more effectively represent those members than the association would;

the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.

the association:

is a genuine association of a kind referred to in paragraph 18(c); and

is an association for furthering or protecting the interests of its members; and

the association is free from control by, or improper influence from:

any employer, whether at the enterprise in question or otherwise; or

any person or body with an interest in that enterprise; or

any organisation, or any other association of employers or employees; and

the association has at least 20 members who are employees; and

the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and

the rules of the association make provision as required by this Act to be made by the rules of organisations; and

the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and

the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and

a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and

the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.

dismiss an employee;

injure an employee in his or her employment;

alter the position of an employee to the employee’s prejudice;

discriminate against an employee.

terminate a contract for services that he or she has entered into with an independent contractor;

injure an independent contractor in relation to the terms and conditions of the contract for services;

alter the position of an independent contractor to the independent contractor’s prejudice;

discriminate against an independent contractor.

under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or

in connection with, or in preparation for, such an act or omission.

making an application for registration of an employee association under paragraph 18(b) or (c);

supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);

participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;

not participating, or encouraging a person not to participate, in such proceedings;

becoming a member, or encouraging a person to become a member, of an employee association.

under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or

in connection with, or in preparation for, such an act or omission.

an order imposing on a person whose conduct contravenes that section a penalty of not more than:

in the case of a body corporate—100 penalty units; or

in any other case—20 penalty units;

an order requiring the person not to carry out a threat made by the person, or not to make any further threat;

injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;

any other consequential orders.

a person against whom the conduct is being, has been, or is threatened to be, taken; or

any other person prescribed by the regulations.

action done by one of the following bodies or persons is taken to have been done by an organisation:

the committee of management of the organisation;

an officer or agent of the organisation acting in that capacity;

a member or group of members of the organisation acting under the rules of the organisation;

a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and

action done by an agent of an employer acting in that capacity is taken to have been done by the employer.

in relation to subparagraphs (1)(a)(iii) and (iv):

a committee of management of the organisation; or

a person authorised by the committee; or

an officer of the organisation;

has taken reasonable steps to prevent the action; or

in relation to paragraph (1)(b), the employer has taken reasonable steps to prevent the action.

a delegate or other representative of the organisation; and

an employee of the organisation.

to enable it to comply with this Act; or

to remove a ground of objection taken by an objector under the regulations or by the FWC; or

to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).

in spite of anything in the other rules of the association; and

subject to any further alterations lawfully made.

the de-registration of an organisation; and

the registration of an organisation; and

the giving of consent to:

a change in the name of an organisation; or

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.

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

have effect despite anything in:

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

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

be lodged before an application is lodged under section 44 in relation to the amalgamation; and

include such particulars as are prescribed.

Grant of application

including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or

releasing, with the approval of the FWC, an organisation from the federation.

When federation ceases to exist

on the day on which the amalgamation takes effect; or

if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or

if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.

Federation does not limit representation rights of organisations

the committee of management of the organisation has resolved that the organisation should so use its resources; and

the committee of management has given reasonable notice of its resolution to the members of the organisation.

a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:

if one of the existing organisations is the proposed amalgamated organisation—that fact; and

if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and

the proposed de-registering organisations;

if it is proposed to change the name of an existing organisation—particulars of the proposed change;

if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;

if it is proposed to alter any other rules of an existing organisation—particulars of the proposed alterations;

if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;

such other matters as are prescribed.

the members of one or more of the organisations do not approve the amalgamation; and

(b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:

the other of the approving organisations; or

2 or more of the other approving organisations; and

where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;

there is to be an amalgamation involving the approving organisations.

the differences between the proposed principal amalgamation and each proposed alternative amalgamation; and

the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.

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

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

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

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

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

Making of declaration

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

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

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

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

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.

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

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

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

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.

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

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

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

the declaration ceases to be in force.

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

give each of those organisations an opportunity to be heard.

a copy of the scheme for the amalgamation; and

a written outline of the scheme.

an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or

an existing organisation that is the proposed amalgamated organisation under a proposed amalgamation;

may, despite section 143, make provision in relation to:

the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de-registering organisations immediately before the amalgamation takes effect; and

in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;

but the rules may not permit an office to be held under paragraph (c) or (d) for longer than:

the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or

the period that ends 2 years after that day;

whichever ends last, without an ordinary election being held in relation to the office.

a person holds an office in an organisation, being an office held under rules made under subsection (1); and

that organisation is involved in a proposed amalgamation;

the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.

to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and

to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:

in the custody or under the control of the person; or

to which the person has access.

giving the information or producing or making available the document; or

any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;

is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).

signed by the person making it; and

given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.

the amalgamation does not involve the registration of an association as an organisation; and

a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and

any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and

any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and

any proposed de-registration of an existing organisation complies with this Act 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

permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or

accept an undertaking by the applicants to alter the scheme for the amalgamation, including 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

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) by resolution of its committee of management; and

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

may be given subject to conditions.

Powers of the FWC if conditions or undertakings breached

the FWC:

gives a permission under paragraph (3)(a) subject to conditions; or

accepts an undertaking under paragraph (3)(b); and

the conditions are breached or the undertaking is not fulfilled within the period allowed by the FWC;

the FWC may:

amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or

give directions and orders:

in relation to the conduct of the ballot for the amalgamation; or

otherwise in relation to the procedure to be followed in relation to the amalgamation.

finds that no duly made objection is justified; and

is satisfied that, so far as the amalgamation involves:

the registration of an association; or

a change in the name of an organisation; or

an alteration of the rules of an organisation; or

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

permit the applicants to alter the scheme for the amalgamation, including:

the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or

any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or

accept an undertaking by the applicants to alter the scheme for the amalgamation, including:

the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or

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

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

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

may be given subject to conditions.

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

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

may be given subject to conditions.

Powers of FWC if conditions or undertakings breached

the FWC:

gives a permission under paragraph (3)(a) subject to conditions; or

accepts an undertaking under paragraph (3)(b); and

the conditions are breached or the undertaking is not fulfilled within the period allowed by the FWC;

the FWC may:

amend the scheme for the amalgamation, including:

the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or

any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or

give directions and orders:

in relation to the conduct of the ballot for the amalgamation; or

otherwise in relation to the procedure to be followed in relation to the amalgamation.

the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or

the existing organisations concerned in the amalgamation request the FWC to fix a later day.

the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and

the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).

FWC may correct factual errors in statements

5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or

1,000;

whichever is the lesser.

the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or

any proposed alterations of the rules of the existing organisations concerned in the amalgamation.

Permission relating to rules of new organisations

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

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

may be given subject to conditions.

Permission relating to rules of existing organisations

may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend 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

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

may be given subject to conditions.

Powers of the FWC if conditions breached

the FWC gives a permission under subsection (1) subject to conditions; and

the conditions are breached;

the FWC may:

amend the scheme for the amalgamation, including:

the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or

any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or

give directions and orders:

in relation to the conduct of the ballot for the amalgamation; or

otherwise in relation to the procedure to be followed in relation to the amalgamation.

may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and

may amend the outline to correct factual errors or otherwise to ensure that it complies with this Act.

an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and

the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;

the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.

the ballot paper must be in the declaration envelope provided to the voter with the ballot paper;

the declaration envelope must be in another envelope that is in the form prescribed by the regulations.

the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or

the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.

the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation; and

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.

that any step in the procedure provided by this Part be dispensed with in relation to the proposed amalgamation; or

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.

the Federal Court; and

the General Manager; and

each applicant under section 44.

an unduly large proportion of members’ addresses that were not current; or

an unduly large proportion of members’ addresses that were workplace addresses;

this fact must be included in the report.

if the ballot has not been completed—order that a step in relation to the ballot be taken again; or

in any other case—order that a fresh ballot be conducted in place of the ballot in which the irregularity happened;

and may make such further orders as it considers necessary or desirable.

the scheme for a proposed amalgamation contains an alternative provision; and

the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and

(c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and

where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;

the proposed alternative amalgamation is approved for the purposes of this Part.

impersonates another person with the intention of:

securing a ballot paper to which the impersonator is not entitled; or

casting a vote; or

does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or

fraudulently puts a ballot paper or other paper:

into a ballot box or other ballot receptacle; or

into the post; or

delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or

records a vote that the person is not entitled to record; or

records more than one vote; or

forges a ballot paper or envelope, or utters a ballot paper or envelope that the person knows to be forged; or

provides a ballot paper without authority; or

obtains a ballot paper which the person is not entitled to obtain; or

has possession of a ballot paper which the person is not entitled to possess; or

does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.

Hindering the ballot, threats and bribes etc.

hinders or obstructs the taking of the ballot; or

uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or

threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:

any vote or omission to vote; or

any support of, or opposition to, voting in a particular manner; or

any promise of any vote, omission, support or opposition; or

gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or

asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or

counsels or advises a person entitled to vote to refrain from voting.

Secrecy of vote

the relevant person requests, requires or induces another person:

to show a ballot paper to the relevant person; or

to permit the relevant person to see a ballot paper;

in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or

in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.

the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and

any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and

there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:

contraventions of this Act, the Fair Work Act or other Commonwealth laws; or

breaches of modern awards or enterprise agreements; or

breaches of orders made under this Act, the Fair Work Act or other Commonwealth laws; and

any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;

the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.

if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and

any proposed alteration of the rules of an existing organisation concerned in the amalgamation takes effect; and

the FWC must de-register the proposed de-registering organisations; and

the persons who, immediately before that day, were members of a proposed de-registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.

the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and

after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;

the FWC may make any order it considers appropriate to require the organisation to comply with the undertaking.

the Fair Work Act or any other Commonwealth, State or Territory law; or

any contract, deed, undertaking, agreement or other instrument.

is to be regarded as:

placing an organisation or other person in breach of contract or confidence; or

otherwise making an organisation or other person guilty of a civil wrong; or

is to be regarded as placing an organisation or other person in breach of:

any Commonwealth, State or Territory law; or

any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or

is taken to release any surety, wholly or in part, from all or any of the surety’s obligations.

an organisation or association concerned in the amalgamation; or

the committee of management of such an organisation or association; or

an officer of such an organisation or association;

is valid despite any invalidity that may later be discovered in or in connection with the act.

an act is treated as done in good faith until the contrary is proved; and

a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and

an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and

knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.

to an act whenever done (including an act done before the commencement of this section); and

to an act done to or by an association before it became an organisation.

the operation of an order of the Federal Court made before the commencement of this section; or

the operation of section 69, 81 or 87 or Part 2 of Chapter 11 (validation provisions for organisations).

an organisation or association concerned in the amalgamation; or

the committee of management of such an organisation or association; or

an officer of such an organisation or association;

the act is taken to have complied with this Part and the rules of the organisation or association.

to an act whenever done (including an act done before the commencement of this section); or

to an act done to or by an association before it became an organisation.

the organisation or association concerned; or

members or creditors of the organisation or association concerned; or

persons having dealings with the organisation or association concerned;

the Court must, by order, declare accordingly.

to rectify the invalidity or cause it to be rectified; or

to negative, modify or cause to be modified the consequences in law of the invalidity; or

to validate any act, matter or thing that is made invalid by or because of the invalidity.

the organisation or association concerned; or

any member or creditor of the organisation or association concerned; or

any person having dealings with the organisation or association concerned.

to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section); and

to an invalidity occurring in relation to an association before it became an organisation.

in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or

in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:

the constituent part; or

the organisation of which the constituent part was a branch;

as the case requires, were still registered as an organisation with the same rules as it had when it was de-registered under Part 2.

constituent part, in relation to an amalgamated organisation, means:

a separately identifiable constituent part; or

a part of the membership of the amalgamated organisation that would have been eligible for membership of:

an organisation de-registered under Part 2 in connection with the formation of the amalgamated organisation; or

a State or Territory branch of such a de-registered organisation;

if the de-registration had not occurred.

debenture has the same meaning as in Part 2.

holder, in relation to a charge, has the same meaning as in Part 2.

instrument has the same meaning as in Part 2.

instrument to which this Part applies means an instrument that immediately before the withdrawal day is an instrument: to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or that was given to, by, or in favour of, the amalgamated organisation; or in which a reference is made to the amalgamated organisation; or under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.

to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or

that was given to, by, or in favour of, the amalgamated organisation; or

in which a reference is made to the amalgamated organisation; or

under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.

interest has the same meaning as in Part 2.

invalidity has the same meaning as in Part 2.

irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.

liability has the same meaning as in Part 2.

newly registered organisation means an organisation registered under section 110.

proceeding to which this Part applies means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.

proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.

separately identifiable constituent part, in relation to an amalgamated organisation, means:

if an organisation de-registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or

if a State or Territory branch of such a de-registered organisation under its rules as in force immediately before its de-registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.

withdrawal day means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.

the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or

another organisation that was subsequently de-registered under Part 2 in connection with the formation of:

the amalgamated organisation; or

an organisation that, through one or more previous applications of this subsection, is taken to have been de-registered under Part 2 in connection with the formation of the amalgamated organisation.

the constituent part became part of the organisation as a result of an amalgamation under Part 2; and

the amalgamation occurred no less than 2 years prior to the date of the application; and

the application is made before the period of 5 years after the amalgamation occurred has elapsed.

during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or

a ballot was held that rejected the withdrawal of the constituent part.

the prescribed number of constituent members; or

a person authorised to make the application by the prescribed number of constituent members; or

a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or

if the application relates to a separately identifiable constituent part—the committee of management of that part; or

a person who is:

either a constituent member or a member of a committee of management referred to in paragraph (b) or (c); and

authorised to make the application by a committee of management referred to in paragraph (b) or (c).

provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and

address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and

address such other matters as are prescribed.

give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or

direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.

accompany the application; or

be filed within such later time as the FWC allows.

not later than 7 days before the day set down for the hearing of the application in question by the FWC; or

within such later time as the FWC allows.

the application for the ballot is validly made under section 94; and

the outline under section 95 relating to the application:

is a fair and accurate representation of the proposal for withdrawal from the organisation; and

addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and

the proposal for withdrawal from the organisation complies with any requirements specified in the regulations.

an applicant for the ballot; and

the amalgamated organisation; and

a creditor of the amalgamated organisation; and

any other person who would be affected by the withdrawal of the constituent part from the amalgamated organisation.

a copy of the outline under section 95 relating to the proposed withdrawal; and

if there is a statement under section 96 in support of the proposed withdrawal—a copy of that statement; and

if there is a statement under section 97 in opposition to the proposed withdrawal—a copy of that statement; and

the declaration envelope and other envelope required for the purposes of the postal ballot.

the ballot paper must be in the declaration envelope provided to the voter with the ballot paper;

the declaration envelope must be in another envelope that is in the form prescribed by the regulations.

it is reasonably necessary for the purposes of a ballot that may be, or is, required to be held; and

the official is authorised by the AEC under this section for the purposes of the ballot;

require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:

to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and

to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.

giving the information or producing or making available the document; or

any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;

is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).

signed by the person making it; and

given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.

impersonates another person with the intention of:

securing a ballot paper to which the impersonator is not entitled; or

casting a vote; or

does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or

fraudulently puts a ballot paper or other paper:

into a ballot box or other ballot receptacle; or

into the post; or

delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or

records a vote that the person is not entitled to record; or

records more than one vote; or

forges a ballot paper or envelope, or utters a ballot paper or envelope that the person knows to be forged; or

provides a ballot paper without authority; or

obtains a ballot paper which the person is not entitled to obtain; or

has possession of a ballot paper which the person is not entitled to possess; or

does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.

Hindering the ballot, threats and bribes etc.

hinders or obstructs the taking of the ballot; or

uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or

threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:

any vote or omission to vote; or

any support of, or opposition to, voting in a particular manner; or

any promise of any vote, omission, support or opposition; or

gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or

asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or

counsels or advises a person entitled to vote to refrain from voting.

Secrecy of vote

the relevant person requests, requires or induces another person:

to show a ballot paper to the relevant person; or

to permit the relevant person to see a ballot paper;

in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or

in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.

the total number of persons on the roll of voters; and

the total number of ballot papers issued; and

the total number of ballot papers received by the electoral official; and

the total number of votes in favour of the question set out on the ballot paper; and

the total number of votes not in favour of the question set out on the ballot paper; and

the total number of informal ballot papers.

the General Manager; and

if the applicant was a person mentioned in paragraph 94(3)(aa), (b), (c) or (d)—each applicant; and

the amalgamated organisation from which the constituent part withdrew or sought to withdraw.

the General Manager; and

if the applicant was a person mentioned in paragraph 94(3)(aa), (b), (c) or (d)—each applicant; and

the amalgamated organisation from which the constituent part withdrew or sought to withdraw.

an unduly large proportion of members’ addresses that were not current; or

an unduly large proportion of members’ addresses that were workplace addresses;

this fact must be included in the report.

if the ballot has not been completed—order that a step in relation to the ballot be taken again; or

in any other case—order that a fresh ballot be conducted in place of the ballot in which the irregularity happened;

and may make such further orders as it considers necessary or desirable.

determine the day on which the withdrawal is to take effect; and

make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and

make such other orders as it thinks fit in connection with giving effect to the withdrawal.

the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de-registered under Part 2 in connection with the formation of the amalgamated organisation; and

any change in the net value of those assets or liabilities that has occurred since the amalgamation; and

any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and

if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and

the interests of the creditors of the amalgamated organisation.

the prescribed number of constituent members; or

a person authorised to make the application by the prescribed number of constituent members; or

a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or

if the application relates to a separately identifiable constituent part—the committee of management of that part; or

a person who is:

either a constituent member or a member of a committee of management referred to in paragraph (c) or (d); and

authorised to make the application by a committee of management referred to in paragraph (c) or (d).

inform the person of the withdrawal from amalgamation of the constituent part; and

(b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:

the person wants to remain a member of the amalgamated organisation; or

the person wants to become a member of the newly registered organisation; and

explain the effect of responding, or failing to respond, to the invitation.

ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and

becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.

ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and

becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.

is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and

otherwise, remains liable for such payments as are due in accordance with those rules.

covers the newly registered organisation and its members; and

has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.

is made on or after the day the registration takes effect; and

covers the amalgamated organisation; and

covers employees who are eligible to be members of the newly registered organisation.

covers the newly registered organisation and its members; and

has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.

in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and

to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;

continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.

the Fair Work Act or any other Commonwealth, State or Territory law; or

any contract, deed, undertaking, agreement or other instrument.

is to be regarded as:

placing an organisation or other person in breach of contract or confidence; or

otherwise making an organisation or other person guilty of a civil wrong; or

is to be regarded as placing an organisation or other person in breach of:

any Commonwealth, State or Territory law; or

any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or

is taken to release any surety, wholly or in part, from all or any of the surety’s obligations.

the amalgamated organisation concerned;

the constituent part concerned;

the newly registered organisation concerned.

(a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and

held that office immediately before withdrawal day;

holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.

the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and

the first anniversary of the withdrawal day.

the amalgamated organisation concerned; or

the committee of management, or an officer, of that organisation; or

the constituent part concerned; or

the committee of management, or an officer, of that part; or

the newly registered organisation concerned; or

the committee of management, or an officer, of that organisation;

is valid despite any invalidity that may later be discovered in or in connection with the act.

an act is treated as done in good faith until the contrary is proved; and

a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and

an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and

knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.

the operation of an order of the Federal Court made before the commencement of this section; or

the operation of section 108, 118 or 125 or Part 2 of Chapter 11 (validation provisions for organisations).

the amalgamated organisation concerned; or

the committee of management, or an officer, of that organisation; or

the constituent part concerned; or

the committee of management, or an officer, of that part; or

the newly registered organisation concerned; or

the committee of management, or an officer, of that organisation;

the act is taken to have complied with this Part and the rules of the organisation.

the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or

members or creditors of the amalgamated organisation or the constituent part; or

persons having dealings with the amalgamated organisation or the constituent part; or

the newly registered organisation; or

members or creditors of the newly registered organisation; or

persons having dealings with the newly registered organisation;

the Court must, by order, declare accordingly.

the amalgamated organisation; or

the constituent part; or

the newly registered organisation; or

a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).

the amalgamated organisation concerned;

the constituent part concerned;

the newly registered organisation concerned;

a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).

to rectify the invalidity or cause it to be rectified; or

to negative, modify or cause to be modified the consequences in law of the invalidity; or

to validate any act, matter or thing that is made invalid by or because of the invalidity.

the amalgamated organisation; or

a member or creditor of the amalgamated organisation; or

the constituent part; or

a constituent member of the constituent part; or

the newly registered organisation; or

a member or creditor of the newly registered organisation; or

any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.

an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;

an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).

making an application under section 94;

supporting, or supporting the making of, an application under section 94;

participating in, or encouraging a person to participate in, a ballot under Division 2;

not participating in a ballot under Division 2;

encouraging a person not to participate in a ballot under Division 2;

casting a vote in a particular way in a ballot under Division 2;

encouraging a person to cast a vote in a particular way in a ballot under Division 2;

complying with an order or requirement made under this Part or regulations made for the purposes of this Part; or

encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.

a member or officer of the organisation; or

a branch, or other part, of the organisation;

because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.

an order imposing on a person whose conduct contravenes that subsection a penalty of not more than:

in the case of a body corporate—100 penalty units; or

in any other case—20 penalty units;

an order requiring the person not to carry out a threat made by the person, or not to make any further threat;

injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;

any other consequential orders.