Document ID: chunk:federal_register_of_legislation:C2024C00345:section:367:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 367 (pt 1/2)
Character Range: 644260–646950

367  Procedure for amalgamation
 (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.
 (2) Application must be made to the FWC by the organisation for approval of the amalgamation.
 (3) The application must be accompanied by a copy of any proposed alterations of the rules of the organisation.
 (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.
 (5) The FWC must:
 (a) determine what notice is to be given to other persons of the application; and
 (b) determine whether, on whom and how notice should be served and whether it should be advertised in any newspaper; and
 (c) fix a period during which objections may be lodged.
 (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:
 (a) another organisation; or
 (b) a member of the associated body; or
 (c) a registered association in the State in which the associated body functions;
because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.
 (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:
 (a) the provisions of this section have not been complied with; or
 (b) the amalgamation would do substantial injustice to the members of the organisation or associated body.
 (8) If any objections are duly lodged or if the FWC otherwise deems it advisable to do so, the FWC must:
 (a) fix a day and place of hearing; and
 (b) determine to whom and in what manner notice of the day and place of the hearing shall be given.
 (9) If the FWC:
 (a) finds that no duly made objection is justified; and
 (b) is satisfied that the provisions of this section have been complied with; and
 (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and
 (d) is satisfied that any proposed alterations of the rules of the organisation:
 (i) comply with and are not contrary to this Act and applicable modern awards; and
 (ii) are not otherwise contrary to law; and
 (iii) have been decided on under the rules of the organisation;
the FWC must, subject to subsection (10), approve