Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_43:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 43 (pt 1/2)
Character Range: 74811–77573

43  Community of interest declaration

Existing organisations may apply for declaration

 (1) The existing organisations concerned in a proposed amalgamation may jointly lodge in the Industrial Registry an application for a declaration under this section in relation to the amalgamation.

 (2) The application must be lodged:
 (a) before an application has been lodged under section 44 in relation to the amalgamation; or
 (b) with the application that is lodged under section 44 in relation to the amalgamation.

 (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the Commission:
 (a) must immediately fix a time and place for hearing submissions in relation to the making of the declaration; and
 (b) must ensure that all organisations are promptly notified of the time and place of the hearing; and
 (c) may inform any other person who is likely to be interested of the time and place of the hearing.

Making of declaration

 (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the Commission is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the Commission must declare that it is so satisfied.

Pre‑conditions to making of declaration

 (5) The Commission must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the Commission is satisfied that a substantial number of members of one of the organisations are:
 (a) eligible to become members of the other organisation or each of the other organisations; or
 (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or
 (c) bound by the same awards as members of the other organisation or each of the other organisations; or
 (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or
 (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.

 (6) The Commission must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the Commission is satisfied that a substantial number of members of one of the organisations are:
 (a) eligible to become members of the other organisation or each of the other organisations; or
 (b) engaged in the same industry