Document ID: chunk:federal_register_of_legislation:F2024C00766:schedule:3:p2
Version: federal_register_of_legislation:F2024C00766
Segment Type: schedule
Provision Reference: sch 3 (pt 2/4)
Character Range: 290577–293681

from the amalgamated organisation 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 constituent part of organisation whose members are voting) FROM (name of amalgamated organisation from which withdrawal is proposed) AND ITS REGISTRATION AS A SEPARATE ORGANISATION UNDER THE FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009?

Form 4—Application for determination of day of withdrawal from amalgamated organisation

(subregulation 107(5))

Fair Work (Registered Organisations) Act 2009, subsection 109(5)

APPLICATION FOR DETERMINATION OF DAY OF WITHDRAWAL FROM AMALGAMATED ORGANISATION

TO: THE FEDERAL COURT OF AUSTRALIA

I/We, (full name(s) of applicant(s)), the applicant(s) listed in the schedule to this application*, apply for:

   (a) a determination of the day on which the withdrawal of (name of constituent part of amalgamated organisation) from (name of amalgamated organisation) is to take effect;
   (b) orders to apportion the assets and liabilities of (name of amalgamated organisation) between (name of amalgamated organisation) and (name of constituent part of amalgamated organisation);*
   (c) other orders in connection with giving effect to the withdrawal*.

*Omit if inapplicable.

INFORMATION
   1. Details of the eligibility of the applicant(s) to make the application in accordance with subsection 109(3) of the Act.
   2. A statement that more than 50% of the formal votes cast in a ballot are in favour of the constituent part withdrawing from the amalgamated organisation.
   3. Details 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 in connection with the formation of the amalgamated organisation.
   4. Details of any change in the net value of those assets and liabilities since the amalgamation.
   5. Details of the creditors of the amalgamated organisation and the nature of their interest.
   6. Other information to which the applicant wishes the Court to have regard.

Dated                                20    .

................................................
Signature of applicant(s)

Form 5—Agreement between organisation and State union
(regulation 117)

Fair Work (Registered Organisations) Act 2009, subsection 151(1)

AGREEMENT BETWEEN ORGANISATION AND STATE REGISTERED UNION

(Insert name of organisation) (the Organisation) and (insert name of State union) (the Union) agree that the members of the Union who, under the eligibility rules of the Organisation, are not eligible to be members of the Organisation are *[, subject to the provisions set out in the Schedule,] eligible to become members of the Organisation.

*[SCHEDULE]

Dated                                20    .

Signed on behalf of the Signed on behalf of the
Organisation by Union by

(Signature, name and title of (Signature, name and title of
office, of person(s)