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INDUSTRIAL RELATIONS ACT 1984 - SECT 67A Amalgamation of organizations

INDUSTRIAL RELATIONS ACT 1984 - SECT 67A

Amalgamation of organizations

(1)  If 2 or more organizations wish to amalgamate they must lodge in the office of the Registrar –
(a) an application, signed on behalf of each organization, confirming that they have agreed to amalgamate; and
(b) a notice specifying the proposed name and address of the amalgamated organization; and
(c) a copy of the rules or constitution of the proposed amalgamated organization; and
(d) the certificates of registration of each of the organizations proposing to amalgamate.
(2)  If, after receiving an application, the Registrar is satisfied that were the application to amalgamate in the form of an application to register the amalgamated organization –
(a) the application would comply with the requirements for the registration of an association that are specified in section 63 (3) (a) ; and
(b) section 63 (9) would not prevent the organization being registered by the name chosen for the amalgamated organization –
the Registrar must register the amalgamated organization.
(3)  If the Registrar registers an organization under subsection (2) , the Registrar must at the same time –
(a) cancel the registration of each of the organizations that amalgamated to form that organization; and
(b) issue a certificate of registration to the organization in accordance with section 64 .
(4)  A new organization formed by the amalgamation of organizations and registered under subsection (2) has all the rights including interest in awards and industrial agreements and is subject to all the obligations that each of those organizations had or was subject to immediately before its registration was cancelled.
(5)  An amalgamation of organizations is of no effect until the amalgamated organization is registered under subsection (2) .
(6)  If the Registrar is not satisfied as required under this section, the Registrar must –
(a) refuse to register an amalgamated organization; and
(b) by notice in writing served on each of the organizations seeking to amalgamate, inform the organizations of the refusal and the reason for the refusal.