Document ID: chunk:federal_register_of_legislation:C2020A00131:clause:1_94a
Version: federal_register_of_legislation:C2020A00131
Segment Type: clause
Provision Reference: sch 1 cl 94A
Character Range: 5679–7104

94A  Accepting applications for ballots more than 5 years after amalgamation
 (1) Despite paragraph 94(1)(c), the FWC may accept an application made under section 94 after the end of the period referred to in that paragraph if the FWC is satisfied that, having regard to the matters set out in subsection (2), it is appropriate to accept the application.
 (2) The matters are the following:
 (a) whether the amalgamated organisation has a record of not complying with workplace or safety laws and any contribution of the constituent part to that record;
Note: Workplace or safety law is defined for this Part in subsection 93(1).
 (b) the likely capacity, of the organisation that the constituent part is to be registered as when the withdrawal from amalgamation takes effect, to promote and protect the economic and social interests of its members.
 (3) If the FWC considers that an amalgamated organisation has a record of not complying with workplace or safety laws but that the constituent part has not contributed to that record, the FWC must decide that it is appropriate to accept the application.
 (4) Submissions in relation to the matters mentioned in subsection (2) may only be made by the following persons:
 (a) the applicant or applicants, or any person who could have made an application under subsection 94(3) in relation to the proposed withdrawal;
 (b) the amalgamated organisation;
 (c) the Commissioner.