Document ID: chunk:federal_register_of_legislation:C2024C00345:section:43:p2
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 43 (pt 2/2)
Character Range: 117861–119725

interests if the FWC 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 or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or
 (c) covered by the same modern awards as members of the other organisation or each of the other organisations; or
 (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.
 (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.

Circumstances in which declaration ceases to be in force
 (8) If:
 (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and
 (b) a declaration is made under this section in relation to the amalgamation; and
 (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;
the declaration ceases to be in force.
 (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.
 (10) However, before the FWC revokes the declaration, it must:
 (a) give reasonable notice of its intention to revoke to each of the organisations that applied for the declaration; and
 (b) give each of those organisations an opportunity to be heard.