INDUSTRIAL RELATIONS (CONSEQUENTIAL PROVISIONS) ACT 1988 - SECT 58 Amalgamations

INDUSTRIAL RELATIONS (CONSEQUENTIAL PROVISIONS) ACT 1988 - SECT 58

  (1)   Where a scheme for a proposed amalgamation was submitted under subsection 158F(1) of the previous Act before the commencement but, before the commencement, the amalgamation had neither taken effect nor been rejected by the members of the organisations concerned, then, subject to subsections   (2) and (4), the proposed amalgamation shall continue to be dealt with, and may take effect, as if the Industrial Relations Act had not been enacted and as if the previous Act had not been repealed.

  (2)   Where, immediately before the commencement, none of the ballots in relation to a proposed amalgamation had been started, sections   243 to 253 (inclusive) of the Industrial Relations Act apply in relation to the proposed amalgamation as if:

  (a)   the submission of the proposed amalgamation to ballot had been approved by a designated Presidential Member under section   240 or 242 of that Act;

  (b)   the reference in subsection 243(5) to the scheme for the amalgamation having been amended under Division   7 of Part   IX of the Industrial Relations Act included a reference to the scheme having been amended under the previous Act;

  (c)   the reference in paragraph 246(1)(a) to a declaration having been made under section   239 of the Industrial Relations Act included a reference to a declaration having been made under section   158FA of the previous Act; and

  (d)   anything else done under the previous Act in relation to the proposed amalgamation had been done under the corresponding provision of Division   7 of Part   IX of the Industrial Relations Act.

  (3)   For the purposes of subsection   (2), a ballot shall be taken to have been started when notice of the ballot was published in the Gazette under subsection 158L(1) of the previous Act.

  (4)   A proposed amalgamation in relation to which a scheme was submitted to the former Industrial Registrar under section   158F of the previous Act, and that has not taken effect before the commencement, may be withdrawn by the bodies that submitted the scheme at any time before it takes effect.

  (5)   Subsection   (1) applies as if references in the previous Act to the former Industrial Registrar included references to a designated Presidential Member.