110Enterprise agreements made before withdrawal

110 Enterprise agreements made before withdrawal

(1) This regulation is prescribed for the purposes of section 124 of the Act. (2) If, following the withdrawal of a constituent part from an amalgamated organisation: (a) the amalgamated organisation and the constituent part (the newly registered organisation) are both covered by an enterprise agreement by virtue of section 113 of the Act; and (b) the amalgamated organisation is no longer entitled to represent the industrial interests of the employees covered by the agreement; then, on and from the day the registration takes effect, any rights under or relating to the agreement are exercisable only by the newly registered organisation.

Note: Under paragraph 109(1)(c) of the Act, the Federal Court must, on application, make orders it thinks fit in connection with giving effect to the withdrawal of a constituent part from an amalgamated organisation, which may include orders relating to the coverage of enterprise agreements.