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INDUSTRIAL RELATIONS REGULATION 2018 - REG 69

Filing ‘no’ case

69 Filing ‘no’ case

(1) The number of members mentioned in subsection (2) of an existing organisation for a proposed amalgamation may file in the registry a written statement (a
"‘no’ case" ) opposing either or both of the following—
(a) the proposed amalgamation;
(b) each proposed alternative amalgamation.
(2) The number of members filing a ‘no’ case for an amalgamation must be at least the lesser of—
(a) 5% of the organisation’s total members when the ballot application for the proposed amalgamation was filed; or
(b) 1,000.
(3) The number of members mentioned in subsection (4) of an amalgamated organisation from which a constituent part wants to withdraw may file in the registry a written statement (also a
"‘no’ case" ) opposing the proposed withdrawal.
(4) The number of members filing a ‘no’ case for a withdrawal must be at least the lesser of—
(a) 5% of the constituent members when the ballot application for the proposed withdrawal was filed; or
(b) 1,000.
(5) A ‘no’ case must be—
(a) filed no later than 7 days before the hearing for the proposed amalgamation or withdrawal; and
(b) no more than 2,000 words.



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