Employment Point-in-Time Service Updates

The Employment Point-in-Time Service has been updated to include the Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021.

Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021

The Amending Regulations support recent amendments to the Act to facilitate a constituent part of a registered organisation holding a ballot of members on the question of whether to withdraw from the amalgamated organisation and register as a stand-alone organisation.

The amendments to the Act enable constituent parts to apply to the Fair Work Commission for approval to hold such a ballot more than 5 years after the last amalgamation, in certain circumstances. The amendments to the Act commenced on 16 December 2020.

The Amending Regulations amend the Fair Work (Registered Organisations) Regulations 2009, including to:

• reflect new definitions set out in the Act as amended;
• update prescribed forms;
• amend the information required to be included in documents accompanying a withdrawal ballot application;
• establish a new process for the Australian Electoral Commission or a designated official of a registered organisation to conduct an attendance ballot on the question of withdrawal;
• provide that members of a constituent part entitled to vote in a withdrawal ballot can apply for an investigation into the conduct of the ballot; and
• correct minor or technical errors in the existing regulations.

These amendments have been updated in the Point-in-Time Employment Service current to 25 March 2021. (Note: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.