sec.53Community of interest declaration for amalgamation

sec.53 Community of interest declaration for amalgamation

Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. The application must— state the grounds on which it is made; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and be filed in the registry before or with the ballot application for the proposed amalgamation. Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants. If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. If, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect. There is a community of interest between existing organisations about the existing organisations’ industrial interests if— a substantial number of members of 1 of the organisations are— eligible to become members of the other organisation or each of the other organisations; or engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or bound by the same industrial instruments as other members; or for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or the commission is otherwise satisfied there is a community of interest. (sec.53-ssec.1) Existing organisations for a proposed amalgamation may jointly apply to the commission for a declaration under this section. (sec.53-ssec.2) The application must— state the grounds on which it is made; and nominate 1 of the applicants as the person authorised to receive on the applicants’ behalf service of documents for the application, a proposed amalgamation and each proposed alternative amalgamation; and be signed by the president or secretary of each joint applicant; and be accompanied by a copy of each resolution for the proposed amalgamation under section 56 (4) , signed by the president or secretary of the applicant whose management committee passed it; and be filed in the registry before or with the ballot application for the proposed amalgamation. (sec.53-ssec.3) Service of a document on the person nominated for subsection (2) (b) is taken to be service on each of the applicants. (sec.53-ssec.4) If the application is filed before the ballot application, the commission must promptly fix a time and place to hear submissions on the application. (sec.53-ssec.5) If, after a hearing under this section or section 79 , the commission is satisfied there is a community of interest between the existing organisations about the existing organisations’ industrial interests, it must make a declaration to that effect. (sec.53-ssec.6) There is a community of interest between existing organisations about the existing organisations’ industrial interests if— a substantial number of members of 1 of the organisations are— eligible to become members of the other organisation or each of the other organisations; or engaged in the same work or industry or in aspects of the same or similar work or industry as members ( other members ) of the other organisation or each of the other organisations; or bound by the same industrial instruments as other members; or for an employee organisation—employed in the same or similar work by employers engaged in the same industry as other members; or the commission is otherwise satisfied there is a community of interest.