FAIR WORK ACT 1994 - SECT 129
FAIR WORK ACT 1994 - SECT 129
(1) An association
registered under this Part may resolve to amalgamate with another association
or other associations registered under this Part.
(2) A resolution to
amalgamate—
(a) must
be passed—
(i)
by the executive committee, or committee of management,
of the association; or
(ii)
by the members of the association in the same way as a
resolution for alteration of the rules of the association; or
(iii)
in some other way provided by the rules; and
(b) must
approve the rules of the association to be formed by the amalgamation.
(3) If a resolution to
amalgamate is passed by the executive committee, or committee of management,
of an association (and authority to pass the resolution is not conferred on
the executive committee or committee of management by the rules), notice of
the resolution must be given by post to all members of the association.
(4) If, within six
weeks of the posting of the notices under subsection (3), the Registrar
is requested by 20 members of the association or 10% of the total membership
(whichever is the lesser) to conduct a ballot—
(a) the
Registrar will conduct (at the expense of the association, which may be
recovered as a debt from the association) a ballot of the members of the
association; and
(b)
unless the resolution is supported by a majority of the members voting on the
ballot, the resolution will lapse.
(5) The rules of the
association to be formed by the amalgamation may provide for persons holding
office in the amalgamating associations to hold office in the new association
for up to four years before an election is held for the relevant offices.
(6) A
registered association may use its financial and other resources in support of
a proposed amalgamation if at least 14 days' notice of its intention to do so
has been given to its members (but this section does not limit any other power
that the association may have under its rules to support a proposed
amalgamation).
(7) If two or more
associations resolve to amalgamate, an application for registration of the
association to be formed by the amalgamation must be made and dealt with under
this Division.
(8) On registration of
the new association—
(a) the
amalgamating associations are dissolved; and
(b) all
property, rights and liabilities of the amalgamating associations are vested
in the new association.