Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_94
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 94
Character Range: 142587–144198

94  Applications to the Federal Court for ballots

 (1) An application may be made to the Federal Court for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:
 (a) the constituent part became part of the organisation as a result of an amalgamation under:
 (i) Division 7 of Part IX of the Workplace Relations Act (as in force before the commencement of this Part) after 1 February 1991; or
 (ii) Part 2 of this Chapter; and
 (b) the amalgamation occurred after 31 December 1996; and
 (c) the application is made at least 2 years, but no more than 5 years, after the amalgamation occurred.

 (2) However, an application cannot be made if:
 (a) during the last 12 months, the Court has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or
 (b) a ballot was held that rejected the withdrawal of the constituent part.

 (3) The application may be made by:
 (a) the prescribed number of constituent members; or
 (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or
 (c) if the application relates to a separately identifiable constituent part—the committee of management of that part.

 (4) The application must be in the prescribed form and must contain such information as is prescribed.

 (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).