40Application for approval for submission of amalgamation to ballot (s 44(1))

#### 40 Application for approval for submission of amalgamation to ballot (s 44(1)) (1) An application under subsection 44(1) of the Act must: (a) be in writing; and (b) state the grounds for making the application; and (c) nominate one of the applicants as the applicant authorised to receive, on behalf of the applicants, service of documents relating to: (i) the application or the proposed amalgamation; and (ii) each proposed alternative amalgamation; and (d) be lodged with the FWC; and (e) be lodged with a copy, signed by an authorised officer of the applicant whose committee of management passed it, of each resolution under subsection 42(1) of the Act relating to the proposed amalgamation. (2) Service of a document mentioned in paragraph (1)(c) on the applicant nominated for that paragraph is taken to be service on each of the applicants. (3) If the proposed amalgamation, or any alternative provision of the proposed amalgamation, involves the registration of an association as an organisation, the application must be lodged with copies, each of which is signed by an authorised officer of each organisation lodging it, of documents relating to the association that are documents of a kind mentioned in subparagraph 21(1)(d)(i), (ii), (iii) or (iv).