Document ID: chunk:federal_register_of_legislation:C2024C00345:section:57:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 57 (pt 1/2)
Character Range: 133854–136650

57  Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.

Approval must be given if certain conditions satisfied
 (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:
 (a) finds that no duly made objection is justified; and
 (b) is satisfied that, so far as the amalgamation involves:
 (i) the registration of an association; or
 (ii) a change in the name of an organisation; or
 (iii) an alteration of the rules of an organisation; or
 (iv) the de‑registration of an organisation under this Part;
  it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;
the FWC must approve the submission of the amalgamation to ballot.

Approval generally refused if conditions not satisfied
 (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.

Approval may be given if conditions will be satisfied later
 (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:
 (a) permit the applicants to alter the scheme for the amalgamation, including:
 (i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
 (ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or
 (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including:
 (i) the rules of any association proposed to be registered as an organisation in relation to the amalgamation; or
 (ii) any proposed alterations of the rules of the existing organisations concerned in the amalgamation;
and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.

Permission to alter amalgamation scheme
 (4) A permission under subparagraph (3)(a)(i):
 (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and
 (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and
 (c) may