Industrial Relations Regulation 2018
sec.135Fixing day for amalgamation or withdrawal
Start here
Get a plain-English read of sec.135
Turn the raw legal text into a practical explanation grounded in Industrial Relations Regulation 2018.
sec.135 Fixing day for amalgamation or withdrawal
The commission may fix an amalgamation day by notice published on the QIRC website. The commission may fix a withdrawal day by notice published on the QIRC website. However, the commission must not fix an amalgamation day or withdrawal day before— the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or if an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared. Before fixing an amalgamation day, the commission must— consult with the existing organisations for the amalgamation about the proposed amalgamation day; and be satisfied the proposed amalgamated organisation’s rules comply with the Act ; and be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of— the Act or another Act; or an industrial instrument; or an order made under the Act or another Act. Before fixing a withdrawal day, the commission must be satisfied the proposed newly registered organisation’s rules comply with the Act . If the commission has fixed an amalgamation day or withdrawal day by notice published on the QIRC website, the registrar must publish the notice in a newspaper circulating generally throughout the State. (sec.135-ssec.1) The commission may fix an amalgamation day by notice published on the QIRC website. (sec.135-ssec.2) The commission may fix a withdrawal day by notice published on the QIRC website. (sec.135-ssec.3) However, the commission must not fix an amalgamation day or withdrawal day before— the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or if an application mentioned in paragraph (a) has been made—the application has been decided and the result of any fresh ballot ordered by the commission has been declared. (sec.135-ssec.4) Before fixing an amalgamation day, the commission must— consult with the existing organisations for the amalgamation about the proposed amalgamation day; and be satisfied the proposed amalgamated organisation’s rules comply with the Act ; and be satisfied there are no pending proceedings, other than civil proceedings, against the existing organisations for a contravention of— the Act or another Act; or an industrial instrument; or an order made under the Act or another Act. (sec.135-ssec.5) Before fixing a withdrawal day, the commission must be satisfied the proposed newly registered organisation’s rules comply with the Act . (sec.135-ssec.6) If the commission has fixed an amalgamation day or withdrawal day by notice published on the QIRC website, the registrar must publish the notice in a newspaper circulating generally throughout the State.
- (a) the time for making an application for an inquiry into an alleged irregularity in a ballot has ended; or