Workplace Relations Regulations (Amendment) (Cth)

No judgment structure available for this case.

Statutory Rules 1996

No. 328 1

__________________

Workplace Relations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Workplace Relations Act 1996.

Dated 20 December 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Industrial Relations

____________

1. Commencement

1.1 These Regulations commence on the same day as Schedule 14 to the Workplace Relations and Other Legislation Amendment Act 1996.

2. Amendment

2.1 The Workplace Relations Regulations are amended as set out in these Regulations.

3. New Division 5A of Part VII

3.1 After Division 5 of Part VII, insert:

“Division 5A—Withdrawal of constituent part from amalgamated organisation

Interpretation

“98H.(1) In this Division, unless the contrary intention appears:

‘amalgamation day’ has the same meaning as in Division 7 of Part IX of the Act;

‘applicant’, in relation to a ballot, means a person who is:

(a)
the constituent member, or one of the constituent members, who; or
(b)
a member of the committee of management that:

applies for a ballot under section 253ZJ of the Act;

‘asset’ has the same meaning as in Division 7 of Part IX of the Act;

‘closing day’, in relation to a ballot, means the closing day for that ballot in accordance with regulation 98L;

‘commencing day’ in relation to a ballot, means the commencing day for that ballot in accordance with regulation 98L;

‘instrument’ has the same meaning as in Division 7 of Part IX of the Act;

‘scrutineer’ means a person appointed as a scrutineer under subregulation 98Y (1) or (4);

‘withdrawal day’, in relation to a constituent part, means the day determined under section 253ZP of the Act as the day on which the withdrawal of the constituent part takes effect.

“(2) Unless the contrary intention appears, expressions that are used in this Division and in Division 7A of Part IX of the Act have the same respective meaning in this Division as in that Division of the Act.

Application for ballot—number of constituent members

“98I. For the purposes of paragraph 253ZJ (3) (a) of the Act, the prescribed number of constituent members is the lesser of:

(a)
the number equal to 5% of the constituent members on the day on which the application is lodged; and
(b)
2,000.

Application for ballot—prescribed form

“98J. An application for a ballot under section 253ZJ of the Act must be in accordance with Form 11A and must:

(a)
contain the particulars stipulated in that form; and
(b)
specify a person to be the representative constituent member in relation to the ballot to receive documents on behalf of the applicant and for any other purpose specified in this Division.

Order for ballot—submissions

“98K. For the purposes of subsection 253ZL (2) of the Act, the following persons are authorised to make submissions:

(a)
an applicant in relation to the matter;
(b)
the amalgamated organisation;
(c)
a creditor of the amalgamated organisation;
(d)
any other person who would be affected by the proposed withdrawal of the constituent part from the amalgamated organisation.

Commencing day and closing day

“98L. (1) If:

(a)
the Court, under section 253ZL of the Act, orders that a vote be taken by secret ballot; and
(b)
the Court does not fix a day as the commencing day of the ballot;
the commencing day is:
(c)
the thirty-fifth day after the Court makes the order; or
(d)
if that day is a Saturday, Sunday or public holiday—the next following working day.

“(2) If:

(a)
the Court, under section 253ZL of the Act, orders that a vote be taken by secret ballot; and
(b)
the Court does not fix a day as the closing day of the ballot;
the closing day is:
(c)
the twenty-first day after the commencing day; or
(d)
if that day is a Saturday, Sunday or public holiday—the next following working day.

Form and publication of notice of ballot

“98M.(1) As soon as practicable after the Court orders that a vote is to be taken, the electoral official conducting the ballot must give notice of the commencing day and the closing day to persons entitled to vote at the ballot.

“(2) The electoral official may give the notice under subregulation (1) by post, by newspaper advertisement or by any other reasonable means that the electoral official thinks necessary to ensure that the notice comes to the attention of the persons entitled to vote at the ballot.

Roll of voters for ballot—preparation

“98N.(1) The roll of voters for a ballot is the roll of persons who, on the day specified in subregulation (2):

(a)
are members of the amalgamated organisation; and
(b)
are eligible for membership of the constituent part of the organisation under the eligibility rules proposed for the constituent part after withdrawal day.

“(2) For the purposes of subregulation (1) the day specified is the earlier of:

(a)
the day on which the Court orders that a vote is to be taken; and
(b)
the day 35 days before the commencing day of the ballot.

“(3) The roll of voters must:

(a)
be prepared at the direction of the electoral official conducting the ballot; and
(b)
set out opposite to the name of each person on the roll the postal address of that person; and
(c)
be completed not later than 14 days before the commencing day of the ballot.

Roll of voters for ballot—inspection

“98O.(1) An electoral official conducting a ballot must make the roll of voters for the ballot available, during the inspection period specified in subregulation (3), for inspection and copying in accordance with subregulation (2), during ordinary hours of business at the place at which the electoral official carries out his or her duties in relation to the ballot.

“(2) Members of the amalgamated organisation and any other persons authorised by the electoral official conducting the ballot may:

(a)
inspect the roll of voters for the ballot; and
(b)
take copies of the roll or of parts of the roll;
at the times and place referred to in subregulation (1).

“(3) For the purposes of subregulation (1), the inspection period is the period:

(a)
commencing on the day immediately following the day on which the preparation in accordance with regulation 98N of the roll of voters for the ballot is completed; and
(b)
ending 30 days after the declaration of the result of the ballot.

Conduct of ballot

“98P. (1) An electoral official conducting a ballot may take any action and give any direction that he or she reasonably considers to be necessary for ensuring that no unlawful disclosure or other irregularity occurs in relation to the ballot.

“(2) A person must not, without reasonable excuse, contravene a direction lawfully given to him or her under subregulation (1).

Penalty:
(a)
for an individual—5 penalty units; or
(b)
for a body corporate—10 penalty units.

Registrar of the Court to supply copies of question

“98Q. If an application has been made for approval for a withdrawal from the amalgamated organisation to be put to ballot, the Registrar of the Court must promptly give to the Australian Electoral Commission a copy of the question proposed to be put to ballot.

Electoral official to supply copies of question

“98R. If:

(a)
the Australian Electoral Commission has received a copy of a question to be put to a ballot; and
(b)
a person entitled to vote at the ballot makes a written or oral request to the electoral official conducting the ballot for a copy of the question;

the electoral official must promptly supply a copy to the person without charge.

Ballot paper—form

“98S.(1) Subject to subregulation (2), ballot papers for use in a ballot must be in accordance with Form 11B.

“(2) The electoral official conducting the ballot may include in the ballot paper:

(a)
directions to help a person voting in the ballot to comply with a provision of these Regulations; and
(b)
other directions that the electoral official reasonably believes will assist in ensuring that an irregularity does not occur in relation to the ballot; and
(c)
information about matters relating to the conduct of the ballot.

Dispatch of ballot papers

“98T. As soon as practicable, but not earlier than 2 days before the commencing day of a ballot, the electoral official conducting the ballot must send to each person entitled to vote at the ballot a sealed envelope, addressed to the postal address of the person shown on the roll of voters, containing:

(a)
a ballot paper for the ballot that bears:
(i)
the initials of the electoral official; or
(ii)
a facsimile of those initials; and
(b)
any other material that the electoral official considers to be relevant to the ballot; and
(c)
an envelope (called a ‘pre-paid envelope’), addressed to the electoral official, that may be posted without cost to the voter.

Duplicate ballot paper etc.

“98U. (1) If, on the application in writing of a person in accordance with subregulation (2), an electoral official is satisfied that:

(a)
a ballot paper; or
(b)
another document required to accompany a ballot paper;
that was posted to the person in accordance with regulation 98T:
(c)
has not been received by the person; or
(d)
has been lost or destroyed; or
(e)
in the case of a ballot paper, has been spoilt;

the electoral official must promptly give a duplicate of the relevant document to the person.

“(2) An application must:

(a)
be received by the electoral official on or before the closing day of the ballot; and
(b)
set out the grounds on which the application is made; and
(c)
where practicable, be accompanied by evidence that verifies, or tends to verify, those grounds; and
(d)
contain a signed declaration that the person has not voted at the ballot; and
(e)
if the application relates to a ballot paper that has been spoilt, be accompanied by the ballot paper.

“(3) If a ballot paper that has been spoilt is received by an electoral official under paragraph (2) (e), the electoral official must:

(a)
mark ‘spoilt’ on the ballot paper; and
(b)
initial the ballot paper where marked; and
(c)
retain the ballot paper.

Way of voting

“98V.(1) A person voting at a ballot must record his or her vote on the ballot paper in the following way:

(a)
if the person approves the withdrawal of the constituent part from the amalgamated organisation—by writing legibly ‘YES’ in the space provided opposite the question printed on the ballot paper; or
(b)
if the person does not approve the withdrawal of the constituent part from the amalgamated organisation—by writing legibly ‘NO’ in the space provided opposite the question printed on the ballot paper.

“(2) After recording his or her vote, a person must:

(a)
comply with any direction under paragraph 98S (2) (a) or (b); and
(b)
place the ballot paper in the pre-paid envelope and seal the envelope; and
(c)
send the pre-paid envelope to the electoral official conducting the ballot in enough to time to reach him or her not later than the time on the closing day of the ballot that is noted on the ballot paper.

Custody of ballot papers

“98W. The electoral official conducting a ballot of the members of a constituent part must keep the ballot papers and other material relating to the ballot in safe custody until a scrutiny has been conducted in accordance with regulation 98X.

Scrutiny

“98X.(1) The electoral official conducting a ballot must work out the result of the ballot in accordance with this regulation.

“(2) As soon as practicable after the close of the ballot, the electoral official must:

(a)
admit the valid votes and reject the informal votes; and
(b)
count the valid votes and record:
(i)
the number in favour of the question set out on the ballot paper; and
(ii)
the number not in favour of the question set out on the ballot paper; and
(c)
count the informal votes.

“(3) Subject to subregulation (4), a vote is informal only if:

(a)
the ballot paper does not bear:
(i)
the initials of an electoral official; or
(ii)
a facsimile of those initials; or
(b)
the ballot paper is marked in a way that permits the voter to be identified; or
(c)
the ballot paper is not marked in a way that makes it clear how the voter meant to vote; or
(d)
the ballot paper does not comply with a direction given under paragraph 98S (2) (a) or (b); or
(e)
the pre-paid envelope contains the ballot paper of another voter.

“(4) A vote is not informal by reason only of paragraph (3) (a) if the electoral official is satisfied that the ballot paper in question is authentic.

“(5) If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, as the case may be, the electoral official must:

(a)
decide whether the ballot is to be admitted as formal or rejected as informal; and
(b)
endorse the decision on the ballot paper; and
(c)
initial the endorsement.

“(6) If the electoral official conducting the ballot is informed by a scrutineer that, in the scrutineer’s opinion, an error has been made in the conduct of the scrutiny, the electoral official must decide whether an error has been made and, if appropriate, direct what action is to be taken to correct or mitigate the error.

Scrutineers

“98Y.(1) The committee of management of the constituent part to which a ballot relates, or the representative constituent member, may appoint members of the constituent part as scrutineers in relation to the ballot.

“(2) An appointment under subregulation (1) must be made by an instrument signed:

(a)
on behalf of the committee of management by an officer of the constituent part authorised by the rules or the committee of management of the constituent part; or
(b)
by the representative constituent member.

“(3) The committee of management of an amalgamated organisation may appoint members of the amalgamated organisation as scrutineers in relation to a ballot to represent the interests of the amalgamated organisation.

“(4) An appointment under subregulation (3) must be made by an instrument signed on behalf of the committee of management by an officer authorised by the rules or the committee of management of the amalgamated organisation.

“(5) Subject to subregulations (6), (7) and (9), a scrutineer may be present:

(a)
at the preparation and despatch of ballot material under regulation 98T; and
(b)
at the receipt and placement of ballot material in safe custody under regulation 98W; and
(c)
at the scrutiny of ballot material under regulation 98X.

“(6) If a scrutineer fails to produce his or her instrument of appointment for inspection at the request of the electoral official conducting the ballot, the electoral official may refuse to allow the person to be present.

“(7) At any time during the scrutiny of ballot material:

(a)
the number of scrutineers appointed under subregulation (1) in attendance at the scrutiny; and
(b)
the number of scrutineers appointed under subregulation (3) in attendance at the scrutiny;

must not exceed the number of electoral officials engaged in the scrutiny at that time.

“(8) At the scrutiny of ballot material, if the scrutineer:

(a)
objects to a decision that a ballot paper is formal or informal; or
(b)
believes that an error has been made in the conduct of the scrutiny;

he or she may inform the electoral official conducting the ballot of the objection or belief.

“(9) If a person:

(a)
is not entitled to be present, or to remain present, at the scrutiny; or
(b)
interrupts the scrutiny of a ballot, otherwise than for a purpose referred to in paragraph (8) (a) or (b);

the electoral official conducting the ballot may direct that person to leave the place where the scrutiny is being conducted.

“(10) A person must not, without reasonable excuse, contravene a direction given to him or her under subregulation (9).

Penalty: 5 penalty units.

Certificate showing particulars of the ballot

“98Z.(1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:

(a)
the total number of persons on the roll of voters; and
(b)
the total number of ballot papers issued; and
(c)
the total number of ballot papers received by the electoral official; and
(d)
the total number of votes in favour of the question set out on the ballot paper; and
(e)
the total number of votes not in favour of the question set out on the ballot paper; and
(f)
the total number of informal ballot papers.

“(2) Immediately after signing a certificate referred to in subregulation (1), the electoral official must give a copy of the certificate to:

(a)
the Court; and
(b)
the Industrial Registrar; and
(c)
each applicant; and
(d)
the amalgamated organisation from which the constituent part withdrew or sought to withdraw.

Preservation of ballot papers etc.

“98ZA. The Australian Electoral Commission must retain all ballot papers and documents relating to a ballot:

(a)
if an application has been made under subregulation 98ZC (1)—until the application has been disposed of; and
(b)
otherwise—until the end of the period in which an application may be made under subregulation 98ZC (1).

Request by member for information about ballot

“98ZB.(1) A person who is entitled to vote in a ballot may request the electoral official conducting the ballot to give the person specified information for the purpose of determining whether there has been an irregularity in relation to the ballot.

“(2) The electoral official must comply with a request under subregulation (1) if the information requested is available to him or her.

Inquiry into ballot irregularity—application

“98ZC.(1) Within 30 days after a certificate is signed in relation to a ballot in accordance with subregulation 98Z (1), application may be made to the Court, by a person who was entitled to vote in the ballot, for an inquiry by the Court into alleged irregularities in relation to the ballot.

“(2) An application must be:

(a)
in accordance with form 11C; and
(b)
accompanied by a statutory declaration verifying the facts set out in the application.

“(3) An inquiry is taken to have been instituted when an application is lodged in accordance with this regulation.

Inquiry into ballot irregularity—time and place of hearing

“98ZD. If an inquiry has been instituted, the Court or a Judge must fix a time and place for hearing the inquiry and may give such directions as it, he or she thinks necessary to ensure that all persons who are or may be entitled to appear, or to be represented, at the inquiry are notified of the time and place fixed.

Inquiry into ballot irregularity—inspection of documents

“98ZE.(1) If an inquiry has been instituted in relation to a ballot, the Court or a Judge may authorise any person to inspect rolls of voters, ballot papers or other documents that have been used in connection with, or are relevant to, the ballot.

“(2) A person must not wilfully hinder or obstruct a person carrying out an inspection authorised under subregulation (1).

Penalty:
(a)
for an individual—5 penalty units;
(b)
for a body corporate—10 penalty units.

Inquiry into ballot irregularity—procedure at hearing

“98ZF.(1) The Court may allow any person to appear or be represented at an inquiry.

“(2) If a person is allowed by the Court to appear or be represented an inquiry, he or she is taken to be a party to the inquiry proceedings.

“(3) For the purposes of hearing an inquiry:

(a)
the procedure of the Court is within the discretion of the Court; and
(b)
the Court is not bound to act in a formal manner or to apply any rules of evidence, but may inform itself of any matter in any way that it thinks fit.

Inquiry into ballot irregularity—orders in case of ballot not completed

“98ZG.(1) At any time after an inquiry has been instituted and before the Court finds whether there has been an irregularity that may affect, or may have affected, the result of a ballot that is not completed, the Court may:

(a)
order that no further steps are to be taken in the conduct of the ballot; and
(b)
make any order incidental or supplementary to an order under paragraph (a); and
(c)
vary or discharge an order under paragraph (a) or (b).

“(2) An order under subregulation (1) continues in force until the end of the inquiry, unless the order:

(a)
is expressed to expire at some other time; or
(b)
is discharged before the end of the inquiry.

“(3) A person must not wilfully contravene an order of the Court under subregulation (1).

Penalty:
(a)
for an individual—5 penalty units;
(b)
for a body corporate—10 penalty unit.

Withdrawal day—application and notice

“98ZH.(1)An application by a constituent part of an amalgamated organisation under subsection 253ZP (1) of the Act may be made by a person authorised by the rules of the constituent part or by a committee of management elected entirely or substantially by the constituent members.

“(2) In considering whether any orders should be made under paragraph 253ZP (1) (c) of the Act in connection with giving effect to the withdrawal, the Court must have regard to whether the proposed rules for the constituent part after withdrawal day comply with the Act.

“(3) If the Court has determined, under section 253ZP of the Act, the day on which the withdrawal is to take effect, the Court must publish a notice of the determination in at least 1 newspaper so that, in the Court’s opinion, the notice is likely to come to the attention of interested persons, including the members of the relevant organisation.

Notice of decisions, ballots, etc—additional means

“98ZI. A requirement in this Division for a person to give a notice, or to publish a notice, in a particular way does not preclude that person from giving or publishing further notice of the matter by other reasonable means.

Registration of constituent part—section 253ZQ of the Act

“98ZJ. For the purposes of paragraph 253ZQ (b) the following particulars are prescribed:

(a)
the name of the organisation;
(b)
the rules of the organisation about eligibility for membership.

Effect of withdrawal on agreements under section 202 of the Act

“98ZK. An agreement:

(a)
in force under section 202 of the Act immediately before the day on which registration of the newly registered organisation takes effect; and
(b)
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 include references to the newly registered organisation.

Effect of withdrawal on other instruments

“98ZL. (1) Subject to subregulation (2), if an instrument:

(a)
is in operation immediately before the day on which registration of a newly registered organisation takes effect; and
(b)
is an instrument:
(i)
to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party; or
(ii)
that was given to, or in favour of that amalgamated organisation; or
(iii)
in which a reference is made to that amalgamated organisation; or
(iv)
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;

the instrument continues to have effect according to its tenor on and after the date of effect of registration as if all references in the instrument to the amalgamated organisation include references to the newly registered organisation.

“(2) Subregulation (1) does not apply to an instrument to which regulation 98ZK, or section 253ZS of the Act, applies.

Pending proceedings involving amalgamated organisation

“98ZM.(1)If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before withdrawal day, a party to proceedings that:

(a)
were pending or existing at that date; and
(b)
concern, wholly or in part, the interests of constituent members;
on and after that date, the newly registered organisation:
(c)
in the case of proceedings that concern wholly the interests of constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and
(d)
in the case of proceedings that concern in part the interests of constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.

“(2) In subregulation (1), ‘proceedings’ includes (without limiting the meaning of the term) proceedings in any court or tribunal.

Certificates in relation to land and interests in land

“98ZN. If:

(a)
under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, land or an interest in land becomes land or an interest in land of the newly registered organisation; and
(b)
the newly registered organisation lodges with the proper officer of the State or Territory in which the land is situated, a certificate that:
(i)
is signed by a person authorised by the rules or the committee of management of the newly registered organisation; and
(ii)
identifies the land or interest, whether by reference to a map or otherwise; and
(iii)
states that the land or interest has, under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, become land or an interest in land of the newly registered organisation;
the officer with whom the certificate is lodged may:
(c)
deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or to the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory; and
(d)
register the matter in the same way as dealings in land or interests in land of that kind are registered.

Certificates in relation to charges

“98ZO. If:

(a)
under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, the newly registered organisation becomes the holder of a charge; and
(b)
the newly registered organisation lodges with the Australian Securities Commission a certificate that:
(i)
is signed by a person authorised by the rules or the committee of management of the newly registered organisation; and
(ii)
identifies the charge; and
(iii)
states that the newly registered organisation has, under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, become the holder of the charge;
the Commission may:
(c)
deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission; and
(d)
register the matter in the same way as assignments of charges are registered.

Certificates in relation to shares etc.

“98ZP. If:

(a)
under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, the newly registered organisation becomes the holder of a share, debenture or interest in a company; and
(b)
the newly registered organisation delivers to the company a certificate that:
(i)
is signed by a person authorised by the rules or the committee of management of the newly registered organisation; and
(ii)
identifies the share, debenture or interest; and
(iii)
states that the newly registered organisation has become, under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, the holder of the share, debenture or interest;
the company must:
(c)
register the matter in the same way as transfers of shares, debentures or interests, as the case may be, in the company are registered; and
(d)
complete all the appropriate certificates, debentures or other documents in relation to the matter; and
(e)
deliver the completed certificates, debentures or other documents to the newly registered organisation;
as if the certificate were a proper instrument of transfer.

Certificates in relation to other assets

“98ZQ. If:

(a)
under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, an asset (other than an asset to which regulation 98ZN, 98ZO or 98ZP applies) becomes an asset of the newly registered organisation; and
(b)
the newly registered organisation gives to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind a certificate that:
(i)
is signed by a person authorised by the rules or the committee of management of the newly registered organisation; and
(ii)
identifies the asset; and
(iii)
states that the asset has, under an order of the Court mentioned in paragraph 253ZP (1) (b) of the Act, become an asset of the newly registered organisation;
the person or authority may:
(c)
deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(d)
register the matter in the same way as transactions in relation to assets of that kind are registered.

Holding office after withdrawal

“98ZR.(1) Subject to subregulation (2), the rules of a newly registered organisation may provide for the holding of office in the newly registered organisation by persons who, immediately before withdrawal day, held equivalent offices in the constituent part of the amalgamated organisation to which they were elected, as if they were elected under the rules of the newly registered organisation.

“(2) A rule providing for the holding of office as described in subregulation (1) may not permit a person to hold office after the later of:

(a)
the last day of the period that begins on withdrawal day and equals the unexpired part of the term of the person in that office immediately before withdrawal day; and
(b)
the first anniversary of the withdrawal day.”.

4. Schedule 1

4.1 After Form 11, insert:

“FORM 11A

Regulation 98J

Workplace Relations Act 1996

APPLICATION FOR BALLOT UNDER DIVISION 7A OF PART IX

TO:

THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

I/We, (full name(s) of applicant(s))/We, the applicants listed in the schedule to this application*, being the prescribed number of constituent members/the committee of management of the constituent members*:

(a) apply for a ballot to be held to decide whether (name of constituent part of amalgamated organisation) should withdraw from (name of amalgamated organisation); and
(b)
specify (name), of (address) as the representative constituent member for the purposes of the ballot.

* omit if inapplicable

PARTICULARS

1. Name of the amalgamated organisation appearing on the certificate of registration of the amalgamated organisation:

2. If the constituent part of the amalgamated organisation is a part of the membership of the amalgamated organisation that would have been eligible for membership of an organisation that was formerly registered under the Act—the name appearing on the certificate of registration for that organisation immediately before amalgamation day:

3. If the constituent part of the amalgamated organisation is a part of the membership of the amalgamated organisation that would have been eligible for membership of a State or Territory branch of an organisation that was formerly registered under the Act:

(a)
a statement of that fact:
(b)
the name appearing on the certificate of registration of the organisation immediately before amalgamation day:

4. Particulars of the eligibility rules of the amalgamated organisation immediately before amalgamation day:

5. Particulars of the rules, immediately before amalgamation day, of:

(a) the organisation de-registered under Division 7 of Part XI of the Act in connection with the formation of the amalgamated organisation; or
(b)
the State or Territory branch of such an organisation;

in relation to which the persons constituting the constituent part would have been eligible for membership if the de-registration had not occurred:

6. Name proposed for the amalgamated organisation after withdrawal day:

7. Name proposed for the constituent part after withdrawal day:

8. If it is proposed that the eligibility rules of the amalgamated organisation be changed after withdrawal day—particulars of those changes:

9. If it is proposed that the rules of the constituent part will differ, after withdrawal day, from the rules described in clause 5 above—particulars of those changes:

10. Particulars of the assets and liabilities of the amalgamated organisation:

11. Particulars of 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 Division 7 of Part IX of the Act in connection with the formation of the amalgamated organisation:

12. Particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part to assist the court to comply with the requirements of section 253ZP of the Act:

13. Question proposed to be put to the ballot:

Dated 19 .

................................................

Signature of applicant/s*

_______________

“FORM 11B

Regulation 98S

Workplace Relations Act 1996

BALLOT OF MEMBERS OF
(Name of organisation )

BALLOT PAPER IN RESPECT OF PROPOSED WITHDRAWAL FROM

AMALGAMATION

CLOSING DATE OF BALLOT:(Date)

(Initials, or
facsimile of
initials,
of the person
conducting the
ballot)

Directions to Voter

1. Record your vote on the ballot paper as follows:
• if you approve the withdrawal from amalgamation referred to in the question set out below, write ‘YES’ in the space provided opposite the question;
•
if you do not approve the withdrawal from amalgamation referred to in the question set out below, write ‘NO’ in the space provide opposite the question.
2. Do not place on this paper any mark or writing by which you may be identified.

QUESTION FOR VOTERS:

DO YOU APPROVE THE PROPOSED WITHDRAWAL OF (name of constituentpart of organisation whose members are voting) FROM AMALGAMATION WITH (name of amalgamated organisation from which withdrawalis proposed) AND ITS

REGISTRATION AS A SEPARATE ORGANISATION UNDER THE WORKPLACE RELATIONS ACT 1996?

_______________

“FORM 11C

Regulation 98ZC

Workplace Relations Act 1996

APPLICATION FOR INQUIRY RELATING TO A BALLOT UNDER DIVISION 7A OF PART IX

In relation to a ballot of members of (name ofamalgamated organisation):

I, (full name of applicant) of (address of applicant), being a member of/the committee of management of* the (name of constituent part of amalgamated organisation), apply for an inquiry by the Industrial Relations Court of Australia into the following irregularities that, I allege, have occurred in or in relation to the ballot specified in this application. I rely on the facts stated in this application.

PARTICULARS OF BALLOT

Ballot of members of (name of amalgamated organisation) in respect of the proposed withdrawal from amalgamation of (name of constituent part of amalgamated organisation) from (name of amalgamated organisation).

* The ballot is not completed.

* The ballot was completed on (date).

PARTICULARS OF ALLEGED IRREGULARITIES

(Set out in numbered paragraphs particulars of

alleged irregularity or irregularities)

FACTS RELIED ON

(Set out in numbered paragraphs the facts relied on in

support of the application)

Dated 19 .

................................................

Signature of applicant

*Omit if inapplicable.

_______________”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.
2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158, 232, 274, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269 and 307.

Actions

Download as PDF Download as Word Document

Citations

Workplace Relations Regulations (Amendment) (Cth)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0