Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_73
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 73
Character Range: 120331–122961

73  Action to be taken after ballot

 (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.

 (2) If the Commission is satisfied that:
 (a) 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
 (b) 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
 (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:
 (i) contraventions of this Schedule, the Workplace Relations Act or other Commonwealth laws; or
 (ii) breaches of:
 (A) awards or certified agreements or old IR agreements; or
 (B) orders made under this Schedule, the Workplace Relations Act or other Commonwealth laws; and
 (d) 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 Commission 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.

 (3) On the amalgamation day:
 (a) if the proposed amalgamated organisation is not already registered—the Industrial Registrar must enter, in the register kept under paragraph 13(1)(a), such particulars in relation to the organisation as are prescribed, and the date of the entry; and
 (b) any proposed alteration of the rules of an existing organisation concerned in the amalgamation takes effect; and
 (c) the Commission must de‑register the proposed de‑registering organisations; and
 (d) 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.

 (4) If:
 (a) the Commission has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and
 (b) after giving the amalgamated organisation an opportunity to be heard, the Commission determines that the organisation has not complied with the undertaking;
the Commission may make any order it considers appropriate to require the organisation to comply with the undertaking.