QueenslandIndustrialRelationsAct1999IndustrialRelationsRegulation2000Reprinted as in force on 4 April 2011Reprint No. 3This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2011 SL No. 170 s 147
Information about this reprintThis
regulation is reprinted as at 4 April 2011. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
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Industrial Relations Regulation 2000Part
1 Preliminary[s 1]Industrial
Relations Regulation 2000[as amended by all amendments that
commenced on or before 4 April 2011]Part 1Preliminary1Short
titleThisregulationmaybecitedastheIndustrialRelationsRegulation 2000.2CommencementThis regulation
commences on 1 December 2000.3DefinitionsThe dictionary in
schedule 8 defines particular words used inthis
regulation.Part 2Dismissals and
power toamend or void contracts4Prescribed amount—Act, ss 72 and 276Forsections72(1)(e)(iii)and(3)(f)(iii)and276(6)(b)(ii)ofthe
Act, the amount is $113800.5Meaning of
temporary absence—Act, s 73(1)This section
applies for section 73(2)(a) of the Act.Reprint 3
effective 4 April 2011Page 11
Industrial Relations Regulation 2000Part 2
Dismissals and power to amend or void contracts[s 6](2)If an employee is required under an
industrial instrument tonotify the employer of an absence from
work and substantiatethereasonfortheabsence,anabsenceistemporaryiftheemployee complies with the industrial
instrument.(3)Otherwise, an absence is
temporary—(a)if an employee promptly notifies the
employer of—(i)the illness or injury that will cause
the employee tobe absent; and(ii)theapproximateperiodforwhichtheemployeewill be absent;
and(b)if the employee is absent for more
than 2 days—(i)theemployeegivestheemployeradoctor’scertificate about
the nature of the illness or injuryandtheapproximateperiodforwhichtheemployee will be absent; or(ii)the employee gives the employer other
evidence oftheillnessorinjurythatissatisfactorytotheemployer.(4)However, an absence is not temporary if the
total period ofunpaid absence within a 1-year period
because of 1 or moreillnesses or injuries is more than 3
months.6Working out continuous service—Act, s
84(2)(1)For working out continuous service
under section 84(1) of theAct, the following do not break an
employee’s continuity ofservice with the employer—(a)theemployee’sabsencefromworkiftherewasareasonable cause
for the absence;(b)the employee’s absence from work
because of protectedaction under section 174 of the Act;(c)another absence from work by the
employee, unless theemployergivestheemployeenoticethattheabsencefrom
work breaks the employee’s continuity of service.Page
12Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
2 Dismissals and power to amend or void contracts[s
6](2)Anemployee’sabsencefromworkundersubsection(1)(a)does break the
continuity of service if—(a)a decision
requires the employee to—(i)notify the
employer of an absence from work; and(ii)substantiate the reason for the absence;
and(b)the employee does not comply with the
decision.(3)Also,anemployee’sabsencefromworkundersubsection(1)(a) does break
the continuity of service if—(a)there
is no decision mentioned in subsection (2); and(b)theemployeedoesnotpromptlynotifytheemployerof—(i)the employee’s absence from work;
and(ii)the reason for the absence; and(iii)the likely
duration of the absence.(4)Anemployee’sabsencefromworkundersubsection(1)(b)does
break the continuity of service if the commission or amagistratehasdecided,inmakinganorderundersection83(4) of the Act,
that the absence must be taken to be a breakin the continuity
of service.(5)A notice under subsection
(1)(c)—(a)must be given during, or within 14
days after the end of,the absence; and(b)may
be withdrawn by the employer.(6)If
the employer withdraws the notice, it is taken not to havebeen
given.(7)Ifanemployee’sabsencefromworkdoesnotbreaktheemployee’s continuity of service, the period
of absence mustbeincludedasaperiodofserviceinworkingouttheemployee’s continuous service for
section 84(1) of the Act.Reprint 3 effective 4 April 2011Page
13
Industrial Relations Regulation 2000Part 3
Freedom of association[s 7]7Compensation for commission or piece
rateemployees—Act, s 85For section 85(3)
of the Act, the amount taken to be payable isthe average
weekly remuneration payable to the employee—(a)for
an employee who was continuously employed by theemployerfor3monthsormoreimmediatelybeforedismissal—in the 3 months before dismissal;
or(b)for an employee who was continuously
employed by theemployer for a period of less than 3 months
immediatelybefore dismissal—in that period.Part
3Freedom of association8Procedure for exemption hearing—Act, s
112(1)On receiving an application under
section 111 of the Act, themagistrate or registrar must
promptly—(a)set a time and place to hear the
application; and(b)give at least 2 days notice of the
hearing to—(i)the applicant; and(ii)theorganisationfromwhichtheapplicantisseeking exemption from membership.(2)Only the following persons may attend
the hearing—(a)the applicant;(b)1
member or officer of the organisation.(3)Atthehearing,thememberorofficeroftheorganisationmay—(a)asktheapplicantquestionsthatarerelevanttotheapplication;
and(b)make submissions to the magistrate or
registrar.Page 14Reprint 3
effective 4 April 2011
Part
4Industrial Relations Regulation 2000Part
4 Certified agreements[s 9]Certified
agreements9Agreement for certification to be
accompanied byaffidavit—Act, s 156(1)Forsection156(1)(f)oftheAct,anagreementmustbeaccompaniedbyanaffidavitcontainingthefollowinginformation—(a)whether the agreement is for a new business,
is a projectagreement or is a multi-employer
agreement;(b)whether or not the agreement is made
with an employeeorganisation;(c)the
industry in which the employer is engaged;(d)the
name of the relevant or designated award;(e)fornon-Stategovernmentemployees—theaddressoraddresses at which the employees to be
covered by theagreement are, or are to be,
employed;(f)the number of male and female
employees to be coveredby the agreement;(g)the
number of apprentices or trainees to be covered bythe
agreement;(h)the name and address of each employer
to be bound bythe agreement;(i)if
the agreement is a project agreement and the projectorproposedprojecthasaprincipalcontractor—theprincipal
contractor’s name and address;(j)if
the agreement was negotiated for another person—theperson who negotiated the agreement and the
person forwhom it was negotiated;(k)theaveragepercentagebywhichthewagesoftheemployees to be covered by the
agreement will increaseor decrease under the agreement
compared with wagesbefore the agreement;(l)the
nominal expiry date of the agreement;Reprint 3
effective 4 April 2011Page 15
Industrial Relations Regulation 2000Part 4
Certified agreements[s 10](m)the
steps taken to ensure compliance with section 143 ofthe
Act, and, if it applies, section 144 or 145 of the Act,and
in particular, that the terms of the agreement wereexplainedinanappropriatewaygiventheparticularcircumstances and
needs of the employees to be coveredby the
agreement;(n)astatementthattheemployerdidnotdosomethingmentioned in
section 156(1)(b) of the Act;(o)wheretheproceduresforpreventingandsettlingdisputes can be
found in the agreement;(p)a statement that
the requirement for equal remunerationof employees
under section 156(1)(l) or (m) of the Actis met;(q)astatementthattheagreementpassestheno-disadvantage test under chapter 6,
division 3 of theAct.(2)The affidavit
must be in the form provided for in the rules ofcourt.(3)For
section 156(1)(f) of the Act, if there is or was a certifiedagreement covering part or all of the
employees to be coveredby the agreement, the agreement must
also be accompaniedbythenameandagreementnumberofthecertifiedagreement.(4)In
this section—multi-employer agreementmeans an
agreement made with amulti-employer.10Protected industrial action—Act, s
174(1)For section 174(6) of the Act, the
prescribed purpose is theassessmentofeligibilityfor,orthecalculationof,anentitlementarisingfromtheemployee’semploymentincluding, for
example—(a)a superannuation entitlement;
and(b)an authorised leave entitlement;
andPage 16Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
4 Certified agreements[s 11](c)anentitlementtoremunerationandpromotionasaffected by seniority; and(d)anentitlementtonoticeof,orcompensationfor,dismissal.(2)In
this section—authorised leavemeans leave
authorised by—(a)the employer; or(b)an
industrial instrument; or(c)an order of a
court or tribunal having power to fix wagesand other
employment conditions; or(d)the employee’s
employment contract; or(e)a Commonwealth or
State law.11Complementary laws—Act, s 186(1)Forsection186oftheAct,theprovisionsoftheCommonwealthActthatapplyasalawoftheStateareamended as set out in this section.(2)Part VIB, division 2, heading—omit, insert—‘Division2—Makingagreementswithemployersotherthan
constitutional corporations or the Commonwealth’.(3)Section170LH,‘employerswhoareconstitutionalcorporations or
the Commonwealth’—omit, insert—‘employersotherthanconstitutionalcorporationsortheCommonwealth’.(4)Section 170LH(b)—omit,
insert—‘(b)employeesanyofwhosetermsandconditionsaregoverned by:Reprint 3
effective 4 April 2011Page 17
Industrial Relations Regulation 2000Part 4
Certified agreements[s 11](i)an
award, a certified agreement or an AWA underthisActinitsoperationasalawoftheCommonwealth; or(ii)anoldIRagreementwithinthemeaningoftheWorkplace Relations Regulations,
regulation 2.’.(5)Section 170LI(1)(a)—omit, insert—‘(a)an employer other than a
constitutional corporation orthe Commonwealth;
and’.(6)Section 170LI—insert—‘(3)In this
section:personsmeans persons any
of whose terms and conditions aregoverned
by:(a)an award, a certified agreement or an
AWA under thisAct in its operation as a law of the
Commonwealth; or(b)anoldIRagreementwithinthemeaningoftheWorkplace Relations Regulations,
regulation 2.’.(7)Division 3—omit.(8)Section
170MB—insert—‘(2A)If:(a)anemployerthatisaCommonwealth-lawemployerwithin the meaning of subsection (2B) is
bound by anagreement that, under this Act in its
operation as a lawoftheCommonwealth,isacertifiedagreement(thecertified
agreement); and(b)theapplicationforcertificationforthecertifiedagreement stated
that it was made under Division 2 ofPart VIB in its
operation as a law of the Commonwealth;andPage
18Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
4 Certified agreements[s 11](c)atalatertime,anewemployerthatisnotaCommonwealth-lawemployerwithinthemeaningofsubsection(2B)becomesthesuccessor,transmitteeorassignee (whether immediate or not) of the
whole or apart of the business concerned;then
from the later time:(d)the new employer is bound by the
certified agreement,to the extent that it relates to the whole
or part of thebusiness, as if:(i)that
agreement had been certified under Division 4;and(ii)the new employer became bound by that
agreementunder subsection (2); and(e)the previous employer is not bound by
that agreement,to the extent that it relates to the whole
or part of thebusiness; and(f)areferenceinthisParttotheemployerincludesareference to the new employer, and
does not include theprevious employer, to the extent that the
context relatesto the whole or part of the business.‘(2B)Forsubsection(2A),anemployerisaCommonwealth-lawemployer if the
employer:(a)is a constitutional corporation;
or(b)is the Commonwealth; or(c)carries on a single business or part
of a single businessin a Territory; or(d)is a
waterside employer who employs waterside workersin a
single business or part of a single business of theemployer; or(e)employs maritime employees in a single
business or partof a single business of the employer;
or(f)is a flight crew officer’s employer
who employs flightcrewofficersinasinglebusinessorpartofasinglebusiness of the
employer.’.Reprint 3 effective 4 April 2011Page
19
Industrial Relations Regulation 2000Part 6
Authorised industrial officers[s 16]Part
6Authorised industrial officers16Application for issue of an
authority—Act, s 364Forsection364(4)(a)oftheAct,anapplicationforanauthority must—(a)be
made in the form provided for in the rules of court;and(b)state whether the
person to be authorised is an officer, oremployee, of the
organisation; and(c)be signed by the applicant’s president
and secretary; and(d)be accompanied by—(i)the
fee provided for in the rules of court; and(ii)2
passport size (4.5cm x 3.5cm) photographs, eachsigned on the
reverse side by the person; and(iii)2
specimen signatures of the person verified by theapplicant’s president or secretary as being
genuinesignatures of the person.Part
7Overpaid wages17Recovering overpaid wages—Act, s 396The
amount prescribed for section 396(4) of the Act is3/4ofthe wages payable for the pay
period.Page 20Reprint 3
effective 4 April 2011
Part
7AIndustrial Relations Regulation 2000Part
7A Fees charged by private employment agents[s 17A]Fees
charged by privateemployment agents17AParticulars for written notice—Act, s
408D(2)(a)(1)For section 408D(2)(a) of the Act, the
following particularsare prescribed—(a)thenameofthepersonforwhomtheworkistobeundertaken;(b)the
address of the place of work;(c)the
particulars of the work;Examples—•for modelling work—modelling
clothing•for a performer—live theatre(d)the period of the work;(e)the gross amount payable to the model
or performer bythe person for whom the work is to be
undertaken;(f)an itemised list of the fees, charges,
or expenses payableto the agent by the model or
performer;(g)the net amount the model or performer
is to receive afterpayment of the agent’s fees, charges, or
expenses;(h)if a rate of payment is provided for
under an industrialinstrument, the details of the instrument
and the rate ofpayment.(2)In
this section—industrial instrumentincludes an award
or agreement madeunder the Commonwealth Act.17BPrescribed percentage of gross amount
payable to modelor performer—Act, s 408D(2)(b)For
section 408D(2)(b) of the Act, the percentage of the grossamountpayabletoamodelorperformerfortheworkReprint 3
effective 4 April 2011Page 21
Industrial Relations Regulation 2000Part 8
Application to industrial tribunal under chapter 12 of the
Act[s 17C]mentioned in
column 1 of schedule 7 is stated in column 2 ofthe
schedule.17CPrescribed allowances or payments
excluded from grossamount payable to model or performer—Act, s
408D(2)(b)For section 408D(2)(b) of the Act, the
following allowancesor payments are prescribed—(a)travelling and meal allowance;(b)holiday pay;(c)long
service leave payments;(d)superannuation
payments;(e)overtime or penalty payments paid on
an irregular basis;Example of an irregular basis—A model or performer may occasionally
work overtime duringthe period of the work.(f)payments for rehearsals.Part 8Application to industrialtribunal under chapter 12 of theActDivision 1Definition18Definition for pt 8In this
part—industrial tribunalmeans the court,
commission or registrar.Page 22Reprint 3
effective 4 April 2011
Division 2Industrial
Relations Regulation 2000Part 8 Application to industrial
tribunal under chapter 12 of the Act[s 19]Applications, and service andpublication of process19Applications to industrial tribunal(1)An application to an industrial
tribunal under chapter 12 of theAct must—(a)be filed in the registry; and(b)be in the form provided for in the
rules of court; and(c)statethefactsandissuestheapplicantreliesontosupport the
application.(2)However, subsection (1)(c) does not
apply to an application towhich section 501 of the Act
applies.(3)If an applicant to an industrial
tribunal under chapter 12 of theActisnottheorganisationtheapplicationisabout,theapplicantmustserveacopyoftheapplicationontheorganisation within 7 days after
filing the application.20Applications for
registration, change of list of callings oramendment of name
or eligibility rules(1)This section applies to an application
for—(a)registration as an organisation;
or(b)change of list of callings; or(c)amendment of the name of an
organisation, other thanan application mentioned in section
472 of the Act; or(d)amendment of eligibility rules of an
organisation.(2)The applicant may file a statement
supporting the applicationwhen the application is filed.(3)Theapplicantmustpublishnoticeoftheapplicationintheformdecidedbytheregistrarwithin21daysaftertheapplication is filed—(a)in a
newspaper circulating throughout the State; andReprint 3
effective 4 April 2011Page 23
Industrial Relations Regulation 2000Part 8
Application to industrial tribunal under chapter 12 of the
Act[s 21](b)if
the registrar considers it appropriate—(i)in
another newspaper or publication; or(ii)on
the QIRC website.(4)Theapplicantmust,within7daysofpublicationofthenotice—(a)serve
a copy of the notice on each organisation whosecallings—(i)include the callings of the
applicant’s members; or(ii)relate to the
applicant’s eligibility rules; and(b)file
in the registry a copy of the relevant section of anynewspaperorpublicationinwhichthenoticewaspublished, showing the date and name of the
newspaperor publication.(5)The
application must be dealt with, as far as is practicable, inthe
order in which it was filed.(6)Each
document accompanying an application for registrationas an
organisation must be signed and dated by the applicant’spresident and secretary.21Certain applications must state grounds on
which theyare madeAn application
for any of the following must state the groundson which it is
made—(a)an exemption under chapter 12, part 13
of the Act;(b)cancellation of an exemption under
section 602 of theAct;(c)a deregistration
order;(d)an approval under section 447 of the
Act.Page 24Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
8 Application to industrial tribunal under chapter 12 of the
Act[s 22]22Application for exemption under Act, s
580(1)This section applies to an application
for an exemption undersection 580 of the Act from holding an
election for a statedoffice.(2)The
application may be made only if each applicant has giveneachofitsmembers,freeofcharge,writtennoticeofthedetails of the application.(3)Anapplicantmaygivethenoticebyincludingitinapublication that
it gives to its members free of charge.(4)Theapplicationmustbeaccompaniedbyanaffidavitbyamemberofeachapplicant’smanagementcommitteestatingthat
subsection (2) has been complied with.23How
making of resolution is to be notified for Act, s595(1)(b)For section
595(1)(b) of the Act, a member of the organisationor
branch is notified of the making of the resolution if—(a)the member is given a copy of the
resolution; or(b)for an organisation or branch that
gives its members apublicationfreeofcharge—anoticeofthemakingofthe resolution is included in the
publication.24Publishing notice for Act, s
596(1)Forsection596oftheAct,anoticestatingdetailsoftheapplication must
be published in—(a)a newspaper circulating generally
throughout the State;and(b)anyothernewspaperorpublicationtheregistrarconsiders
appropriate.(2)Thenoticemustbepublishedwithin21daysaftertheapplication is filed in the registry.Reprint 3 effective 4 April 2011Page
25
Industrial Relations Regulation 2000Part 8
Application to industrial tribunal under chapter 12 of the
Act[s 25]25Signing or sealing application for
deregistration orderunder Act, s 639Ifanapplicationundersection639oftheActforaderegistrationorderismadebyanorganisation,theapplication must be—(a)under
the organisation’s seal; or(b)signed by 2 of
the organisation’s officers authorised tosign the
application.26Application by registrar for
deregistration order fordefunct organisation(1)Thissectionappliesiftheregistrarproposestoapplyforaderegistration order for an
organisation under section 639(4)of the
Act.(2)The registrar must make appropriate
inquiries by letters sentto the—(a)organisation’s registered office; and(b)members of the organisation’s
management committeelast known to the registrar at their
residential addresseslast known to the registrar.(3)If, after the inquiries, the registrar
is satisfied the organisationisdefunct,theregistrarmustpublishanoticeontheQIRCwebsite stating
that—(a)the registrar will apply after 35 days
from the notice’spublication for a deregistration order on
the ground thatthe organisation is defunct; and(b)apersonwhowantstoshowcausewhythederegistration should not be made may
file an objectionnotice, in the form provided for in the
rules of court, inthe registry within 35 days of the
publication.(4)Iftheregistrarmakestheapplication,theregistrarmustensuretheapplicationisaccompaniedbyacopyofanyobjection notice filed.Page
26Reprint 3 effective 4 April
2011
Division 3Industrial
Relations Regulation 2000Part 8 Application to industrial
tribunal under chapter 12 of the Act[s 27]Objections27Who
may object—Act, s 654(1)A person with an
appropriate interest in the following kinds ofapplications may
object to the application—(a)anapplicationforamendmentofnameotherthananapplication mentioned in section 472
of the Act;(b)an application for amendment of
eligibility rules;(c)an application for a change of list of
callings.(2)Amemberofanorganisationthathasappliedforanexemption from holding an election
under section 580 of theAct may object to the
application.(3)Amemberofanorganisationthathasappliedforanexemption from the requirement that
the electoral commissionconduct an election under section 594
of the Act may object tothe application.(4)A
person with an appropriate interest in an application by theregistrar for a deregistration order under
section 639(4) of theAct may object to the
application.(5)A person who may object to an
application may give notice ofan objection to
the commission.28Notice of objection(1)This section applies to a notice of
objection under—(a)section 418(1)(b) of the Act;
and(b)section 27(5).(2)The
notice must—(a)be in the form provided for in the
rules of court; and(b)state the grounds on which the
objection is made; andReprint 3 effective 4 April 2011Page
27
Industrial Relations Regulation 2000Part 8
Application to industrial tribunal under chapter 12 of the
Act[s 29](c)befiledintheregistrywithin35daysafterthepublication of the notice of the
application to which theobjection relates; and(d)be accompanied by a statement of the
facts and issuesthe objector relies on in support of the
objection.(3)A person who gives a notice of
objection must serve a copy ofthenoticeontheapplicantandanyotherpartytotheproceedings
within 7 days after filing the notice.(4)Onapplication,therelevantindustrialtribunalmaygrantleave to extend
the period for filing an objection notice.29Answering objections—Act, s 654(1)The applicant may file a written
response to an objection inthe registry within 14 days after the
notice is served on theapplicant.(2)The
response must be accompanied by a statement of the factsand
issues relied on in support of the response.(3)The
applicant must serve a copy of the response on the personwho
objected within 7 days after filing the response.Division 4Notice of
hearing and hearing30Hearing application and
objections—Act, s 654(1)This section
applies to an application under chapter 12 of theAct
other than—(a)an application under section 472 of
the Act; or(b)an application for an election inquiry
under section 500of the Act.(2)The
industrial tribunal that is to hear the application must—(a)fixatimeandplacetoheartheapplicationandanyobjections; andPage 28Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
8 Application to industrial tribunal under chapter 12 of the
Act[s 31](b)give
at least 7 days notice of the time and place of thehearingtoeachpersonwhomustbegivenanopportunity to be heard under section
654 of the Act.31Notice of hearing(1)This
section applies to a hearing for—(a)cancellation of an exemption under section
602 of theAct; and(b)cancellation of an approval under section
450 of the Act;and(c)amendment of
rules under chapter 12, part 6, division 1of the Act;
and(d)a deregistration order under section
639(3) of the Act.(2)A notice under section 30(2)(b) of the
time and place of thehearing must also state the following
information—(a)ifsection466or639(3)(b)oftheActapplies—thedemarcationdisputeundertakingtowhichthehearingrelates;(b)the reasons for the proposed
cancellation, amendment orderegistration order;Example of reasons for paragraph (b)—If the registrar considers an
organisation’s rules contravene theAct, how the
rules contravene the Act.(c)any proposed
amendments to the organisation’s rules;(d)thattheorganisationmaymakeoralorwrittensubmissions to
show why—(i)the exemption or approval should not
be cancelled;or(ii)the rules should
not be amended; or(iii)the
deregistration order should not be made;(e)the
person to whom the notice is given may file a writtensubmission within a stated time.Reprint 3 effective 4 April 2011Page
29
Industrial Relations Regulation 2000Part 9
Rules generally[s 32]32Opportunity to make written
submissionsGiving a person an opportunity to be heard
under section 654of the Act includes giving the person an
opportunity to makewritten submissions within a time decided by
the tribunal.33Grounds objector may rely on(1)Anobjectormayrelyonlyonthegroundsstatedintheobjection notice.(2)However,thetribunalmayallowtheobjectortorelyonanother ground
if—(a)the objector gives adequate reasons
for doing so; and(b)the applicant is given an opportunity
to be heard.Part 9Rules
generally34Cost of copy of rules—Act, s
428The amount for section 428(2) of the Act is
$5.00.Part 10Model election
rules35Model election rules—Act, s 454The
model election rules are in schedule 3.Page 30Reprint 3 effective 4 April
2011
Part
11Industrial Relations Regulation 2000Part
11 Conduct of elections by organisation or branch[s
36]Conduct of elections byorganisation or
branch36Prescribed information for
elections—Act, s 481(1)Forsection481(1)oftheAct,thefollowinginformationisprescribed—(a)thenameofeachofficeforwhichanelectionisrequired;(b)whether the election is because—(i)the term of the office has ended;
or(ii)there is a casual vacancy in the
office; or(iii)of a new office
created under the organisation’s orbranch’s
rules;(c)the number of offices for
election;(d)themembershipfigures,ifany,usedtocalculatethenumber of offices if—(i)more
than 1 office for which an election is requiredhas the same
name; and(ii)thenumberoftheofficescan,undertheorganisation’sorbranch’srules,becalculatedbefore the
prescribed day under subsection (4);(e)if
the electorate consists only of members of a branch,section or other division of an
organisation—the nameof the branch, section or
division;(f)the day and time of the start and end
of the term for eachoffice for which an election is
required;(g)whethertheorganisationorbranchhasadoptedthemodel
election rules without change;(h)if
the organisation or branch has not adopted the modelelectionrulesorhasadoptedthemodelelectionruleswith
changes—Reprint 3 effective 4 April 2011Page
31
Industrial Relations Regulation 2000Part
11 Conduct of elections by organisation or branch[s
37](i)whetherthevotingsystemfortheelectionisadirectvotingsystemoracollegiateelectoralsystem;
and(ii)how the organisation’s or branch’s
rules require theresult of the election to be decided.(2)Theinformationundersubsection(1)(h)maybegivenbygivingtheregistraracopyoftheprovisionsoftheorganisation’s or branch’s rules that
contain the information.(3)Theprescribedinformationmustbeaccompaniedbyastatement signed by an authorised
officer of the organisationor branch stating the information is
being filed under section481(1) of the Act.(4)For
section 481(2) of the Act, the prescribed day is the day 2months before the first day on which a
person may become acandidate in the election under the
organisation’s or branch’srules.37Prescribed particulars for election or
ballot resultreports—s 121 and Act, ss 488 and 600(1)This section—(a)sets
out the particulars for section 121; and(b)prescribestheparticularsforanelectionresultreportunder section 488
or 600 of the Act.(2)The particulars are as follows—(a)how many ballot papers were
printed;(b)howmanyeligiblememberswereontherollfortheelection or ballot, including a
supplementary roll;(c)how many ballot papers were
given;(d)how many duplicate ballot papers were
given;(e)how many ballot papers were not
given;(f)howmanyballotpaperswerereturnedotherthanasunclaimed
mail;Page 32Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
11 Conduct of elections by organisation or branch[s
37](g)howmanyballotpaperswerereturnedasunclaimedmail;(h)how many ballot papers were not
returned;(i)how many votes were informal;(j)how many votes were rejected for a
reason other thanbeing informal and the reason for each
rejection;Examples of reasons for rejection—For a postal vote, the voter’s voting
declaration was—(a)not filled in or signed; or(b)not put in the return envelope;
or(c)taken from the return envelope before
the manager of theballot received the return envelope.(k)how many ballot papers were
counted;(l)the percentage of voters who
voted;(m)how many formal votes were—(i)for an election—for each candidate;
or(ii)foraproposedamalgamationorwithdrawal—forand against the
proposal;(n)ifapreferentialsystemofvotingisusedforanelection—howmanyformalvoteswereforeachcandidate after distribution of
preferences;(o)if the report is a ballot result
report under section 121andvotesaboutanalternativeamalgamationwerecounted under section 117(2)—(i)the number of votes for and against
the alternativeamalgamation; and(ii)the
number of votes that were informal.Reprint 3
effective 4 April 2011Page 33
Industrial Relations Regulation 2000Part
11 Conduct of elections by organisation or branch[s
38]38Declaration of election or ballot
result(1)The manager of an election or ballot
must—(a)make a signed declaration of the
result of the election orballot as soon as possible after the
votes for the electionor ballot are counted; and(b)within 1 day of making the
declaration, give a copy of itto—(i)theorganisation,branch,orconstituentpartthatthe election or ballot was about;
and(ii)for an election—each candidate.(2)The declaration may be countersigned
by a scrutineer.39Copies of result reports to be
givenThe manager of an election or ballot must,
within 1 day of thegiving of the report for the election under
section 488 or 600of the Act or the ballot under section 121,
give a copy of thereport to—(a)theorganisation,branch,orconstituentpartthattheelection or
ballot was about; and(b)for an
election—each candidate who asks the managerfor a copy of the
report.40Voters may ask for information about
election or ballot(1)A voter may ask a manager of an
election or ballot to givestated information that—(a)may allow the voter to find out
whether there has beenan irregularity for the election or
ballot; and(b)is in the manager’s knowledge.Examples of information a voter may ask
for—•whether ballot
papers were posted on the same day•if
all material required to be given to voters for a ballot was
givenPage 34Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
11 Conduct of elections by organisation or branch[s
41](2)The manager must give the information
to the voter.Maximum penalty—20 penalty units.(3)However,subsection(2)doesnotmakeanelectoralofficerliable for an
offence.41Unauthorised action in conducting
election or ballotA person, other than the manager of an
election or ballot, mustnot do, or purport to do, an act in
the conduct of the ballotunless authorised by the
manager.Maximum penalty—20 penalty units.42Ballot security(1)The
manager of an election or ballot must ensure each ballotpaper
for the election—(a)has a watermark or other distinctive
pattern that preventsit from being reproduced other than by
the manager orsomeone authorised by the manager;
and(b)is of paper that will hide a vote
marked on it from viewwhen it is folded once.Maximum penalty—20 penalty units.(2)However,subsection(1)doesnotmakeanelectoralofficerliable for an
offence.Reprint 3 effective 4 April 2011Page
35
Industrial Relations Regulation 2000Part
12 Accounts and audit[s 43]Part 12Accounts and auditDivision 1Accounting obligations43Accounting records—Act, s 554(2)(1)Forsection554(2)oftheAct,anorganisation’saccountingrecords—(a)mustbepreparedinaccordancewithAustralianAccounting
Standards; and(b)must be kept for each of its financial
years—(i)on an accrual basis; or(ii)on a cash basis; or(iii)on a cash basis
for entrance fees and membershipcontributions and
on an accrual basis for all otheraccounting
records.(2)In subsection (1)—accrual
basishas the meaning given in Australian
AccountingStandards.cash
basishas the meaning given in Australian
AccountingStandards.44Prescribed accounts—Act, s 555(1)(1)For section 555(1) of the Act, each of
the accounts stated inschedule 4 is prescribed.(2)The accounts must be prepared in
accordance with AustralianAccounting Standards.Page
36Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
12 Accounts and audit[s 45]45Certificates to be given in accounts(1)Anorganisation’saccountsforeachfinancialyearmustcontain a
certificate by—(a)for the matters in schedule 5, part
1—the organisation’sofficerresponsibleforkeepingitsaccountingrecords;and(b)for the matters
in schedule 5, part 2—the organisation’smanagement
committee.(2)A management committee’s certificate
must be—(a)given under a management committee
resolution; and(b)signed for the committee by 2 of its
members.(3)Amanagementcommittee’scertificateaboutamattermentionedinschedule5,section12isinadmissibleinevidenceinproceedingsagainsttheorganisationundersections 565 and 566 of the Act.46How to apply for information—Act, s
556An application to an organisation for
prescribed informationunder section 556 of the Act
must—(a)be addressed to the organisation’s
secretary; and(b)be delivered by hand at, or sent by
prepaid post to, theorganisation’s registered office; and(c)state the information applied
for.47Information that must be supplied on
application bymember—Act, s 556(1)For
section 556(1) of the Act, an organisation must give to itsmemberstheinformationstatedinschedule6abouttheorganisation’slastfinancialyearforwhichaccountswereprepared.Reprint 3
effective 4 April 2011Page 37
Industrial Relations Regulation 2000Part
12 Accounts and audit[s 48](2)Theinformationmustbeinasignednoticebytheorganisation’s
secretary given—(a)iftheregistrarappliedfortheinformation—byhanddelivery or prepaid post to the registry
office; or(b)if a member applied for the
information and stated themember’saddress—byprepaidposttothememberatthe address; or(c)if a
member applied for the information and did not statethemember’saddress—byleavingitforcollectionbythe
member at the organisation’s registered office.(3)The
information must be given within—(a)6
weeks after the application is received if—(i)amemberoftheorganisationappliedfortheinformation;
and(ii)the organisation’s secretary applies
to the registrar;and(iii)the registrar
certifies the registrar is satisfied it wasor is
impracticable for the organisation to give theinformation
within 28 days after the application isreceived for
reasons beyond its control;(b)otherwise—28 days
after the application is received.48Member asking registrar to apply for
informationIf a person asks the registrar to apply for
information from anorganisation under section 556(2) of the
Act, the registrar mayrequire the person to give evidence
the person is a member ofthe organisation.49Management committee must report insolvency
tomembers(1)Thissectionappliesifanorganisation’saccountsshowtheorganisation is,
or is likely to become, insolvent.Page 38Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
12 Accounts and audit[s 50](2)Theorganisation’ssecretary,ortheofficerresponsibleforkeepingtheorganisation’saccountingrecords,mustnotifyeach of the
organisation’s members within 14 days that theorganisation’saccountsshowitis,orislikelytobecome,insolvent.Maximum penalty—20 penalty units.(3)Eachmemberoftheorganisation’smanagementcommitteemust take
reasonable steps to ensure the secretary, or officerresponsible for keeping the organisation’s
accounting records,complies with subsection (2).Maximum penalty—20 penalty units.(4)In this section—insolventmeans
the organisation is unable to pay all its debtsas and when they
become due and payable.Division 2Investigations50Circumstances in which registrar may conduct
otherinvestigations—Act, s 571(2)(b)For
section 571(2)(b) of the Act, the prescribed circumstancesare
as follows—(a)theorganisation’sauditornotifiestheregistrarundersection562oftheActandtheregistrarconsidersthematter should be investigated;(b)an officer or member of the
organisation has complainedaboutamattertotheregistrarandtheregistrar,afterconsultingtheorganisation,considerstherearereasonable grounds to investigate the
matter.Reprint 3 effective 4 April 2011Page
39
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 51]Part
13Amalgamations andwithdrawalsDivision 1Federations51Application for recognition as
federation(1)Existingorganisationsmayjointlyapplytothecommissionfor
recognition as a federation.(2)The
application must—(a)be filed in the registry before the
existing organisationsmake a ballot application for a
proposed amalgamation;and(b)include the following particulars—(i)the proposed federation’s name;(ii)its constituent organisations’
names;(iii)its address for
service;(iv)its proposed officers’ names;
and(c)be accompanied by a copy of—(i)the proposed federation’s rules;
or(ii)theagreementabouttheproposedfederation’sfunctions and
powers.(3)Thecommissionmustallowtheapplicationifsatisfiedtheexisting organisations intend to make a
ballot application fortheproposedamalgamationwithin3yearsafterbeingrecognised as a
federation.(4)Iftheapplicationisallowed,theregistrarmustenterthefollowingparticularsintheregisterkeptundersection426(1)(a) of the Act—(a)the
federation’s name;(b)its constituent organisations’
names.Page 40Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 52]52Representation by federation(1)After it is registered, a federation
may represent its constituentorganisations and
the members of its constituent organisationsunder the
Act.(2)However—(a)anorganisationbelongingtoafederationmaystillrepresent itself
or its members; and(b)afederationmaynotbecomeapartytoanindustrialinstrument.53Amendment of federation’s composition(1)A federation may, with the
commission’s approval, amend itscomposition—(a)if
another organisation intends to become concerned intheproposedamalgamation—toincludetheorganisation; or(b)to
release an organisation from the federation.(2)Ifafederationamendsitscomposition,theregistrarmustenter
particulars of the amendment in the register kept undersection 426(1)(a) of the Act.54When federation endsA
federation ends—(a)ontheamalgamationdayfortheproposedamalgamation; or(b)if a
ballot application for the proposed amalgamation isnot
made within the period of 3 years after the existingorganisationswererecognisedasafederation—ontheday
after the end of that period; or(c)if,
on an application by the Minister or by a person ororganisation the full bench considers has an
appropriateinterest,afullbenchdecidestheachievementofanobjectofthisActisbeingpreventedbytheindustrialReprint 3 effective 4 April 2011Page
41
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 55]conductofthefederationoranyofitsconstituentorganisations—on
the day the decision is made.55Change in particulars, rules or agreement
for federation(1)A federation must file a statement in
the registry if there is achange in—(a)a
particular mentioned in section 51(2)(b); or(b)the
federation’s rules; or(c)theagreementaboutthefederation’sfunctionsandpowers.Maximum
penalty—20 penalty units.(2)The statement
must—(a)be filed within 28 days after the
change; and(b)state full particulars of the
change.(3)Subsection(1)doesnotapplyifthefederationhasareasonable
excuse.Division 2Community of
interest declaration56Community of interest declaration for
amalgamation(1)Existingorganisationsforaproposedamalgamationmayjointly apply to the commission for a
declaration under thissection.(2)The
application must—(a)state the grounds on which it is made;
and(b)nominate 1 of the applicants as the
person authorised toreceive on the applicants’ behalf service of
documentsfor the application, a proposed amalgamation
and eachproposed alternative amalgamation;
and(c)besignedbythepresidentorsecretaryofeachjointapplicant;
andPage 42Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 56](d)beaccompaniedbyacopyofeachresolutionfortheproposed amalgamation under section
59(4), signed bythepresidentorsecretaryoftheapplicantwhosemanagement committee passed it; and(e)befiledintheregistrybeforeorwiththeballotapplication for the proposed
amalgamation.(3)Service of a document on the person
nominated for subsection(2)(b) is taken to be service on each
of the applicants.(4)Iftheapplicationisfiledbeforetheballotapplication,thecommissionmustpromptlyfixatimeandplacetohearsubmissions on the application.(5)If,afterahearingunderthissectionorsection82,thecommissionissatisfiedthereisacommunityofinterestbetweentheexistingorganisationsabouttheirindustrialinterests, it must make a declaration to
that effect.(6)Thereisacommunityofinterestbetweenexistingorganisations
about their industrial interests if—(a)asubstantialnumberofmembersof1oftheorganisations are—(i)eligibletobecomemembersoftheotherorganisation or each of the other
organisations; or(ii)engaged in the same work or industry
or in aspectsof the same or similar work or industry as
members(other members) of the other
organisation or eachof the other organisations; or(iii)bound by the same
industrial instruments as othermembers;
or(iv)foranemployeeorganisation—employedinthesame or similar work by employers
engaged in thesame industry as other members; or(b)thecommissionisotherwisesatisfiedthereisacommunity of interest.Reprint 3 effective 4 April 2011Page
43
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 57]57End of declaration(1)A
community of interest declaration ends if—(a)theapplicationforthedeclarationwasfiledbeforeaballotapplicationfortheproposedamalgamationisfiled; and(b)aballotapplicationfortheproposedamalgamationisnot
filed within 6 months after the declaration.(2)Thecommissionmayrevokeacommunityofinterestdeclarationifsatisfiedthereisnolongeracommunityofinterestbetweentheexistingorganisationsabouttheirindustrial
interests.Division 3Acting for
constituent part58Who may act for constituent
partAnythingthatmustormaybedoneunderthispartbyaconstituent part must or may be done
by—(a)a management committee of the
constituent part; or(b)if there is no management committee of
the constituentpart—the representative constituent
member.Division 4Amalgamation and
withdrawalschemes59Management committee approval(1)A scheme for a proposed amalgamation
and any changes tothe scheme must be approved by each existing
organisationthe scheme is about.(2)A
scheme for a proposed withdrawal and any changes to thescheme must be approved by the constituent
part seeking towithdraw.Page 44Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 60](3)An approval under subsection (1) may
be given only by theorganisation’s management committee.(4)Themanagementcommittee’sapprovalmustbebyresolution.(5)Despiteanexistingorganisation’srules,thefollowingaretakentohavebeenmadeunderitsrulesifapprovedbyitsmanagement committee’s
resolution—(a)a scheme;(b)a
scheme amendment;(c)any proposed amendment of its rules in
a scheme.60Amalgamation or withdrawal
scheme(1)Theschemeforaproposedamalgamationmuststatethefollowing—(a)the
general nature of the amalgamation, showing—(i)the
existing organisations; and(ii)ifanexistingorganisationistheproposedamalgamated
organisation—that fact; and(iii)ifanassociationproposedtoberegisteredasanorganisationistheproposedamalgamatedorganisation—that
fact and its name; and(iv)theorganisationsthatareproposedtobederegistered;(b)thatallmembersoftheproposedderegisteringorganisations are
to become, on amalgamation, withoutpaymentofanentrancefee,membersoftheamalgamated organisation;(c)ifitisproposedtochangeanexistingorganisation’sname—particulars
of the proposed change;(d)ifitisproposedtoamendanexistingorganisation’seligibility and
other rules—particulars of the proposedamendments;Reprint 3
effective 4 April 2011Page 45
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 61](e)ifanassociationisproposedtoberegisteredasanorganisation—its eligibility and other
rules;(f)thearrangementsthatwillexistonamalgamationinrelationtothepropertyoftheproposedderegisteringorganisations;(g)thearrangementsthatwillexistonamalgamationinrelationtotheliabilitiesoftheproposedderegisteringorganisations.(2)Theschemeforaproposedwithdrawalmuststatethefollowing—(a)the
general nature of the withdrawal, showing—(i)the
amalgamated organisation; and(ii)thenameandrulesoftheproposednewlyregistered organisation;(b)thatallconstituentmembersaretobecomeonwithdrawal,withoutpaymentofanentrancefee,members of the newly registered
organisation.(3)Subsections(1)and(2)donotlimitthemattersstatedinascheme.61Alternative schemes for
amalgamation(1)A scheme for a proposed amalgamation
of 3 or more existingorganisations may have 1 or more
alternative schemes for analternativeamalgamationof2ormoreoftheexistingorganisations.(2)Each
alternative scheme must be approved by each existingorganisation the alternative amalgamation is
about.(3)Each alternative scheme must show
details of the differencesbetween—(a)theproposedamalgamationandeachproposedalternative
amalgamation; andPage 46Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 62](b)aproposedorganisation’srules,andproposedamendmentstotheexistingorganisations’rules,under—(i)the
proposed amalgamation; and(ii)each proposed
alternative amalgamation.62Amending
schemes(1)Thecommissionmay,beforeaballotforaproposedamalgamation
starts, permit the existing organisations for theamalgamation to amend the amalgamation
scheme.(2)Thecommissionmay,beforeaballotforaproposedwithdrawalstarts,permitaconstituentparttoamendthewithdrawal scheme.(3)The
permission may—(a)forapermissiontoamendaproposedamalgamatedorganisation’s
rules—allow the amendment to be madebyresolutionsoftheexistingorganisations’management
committees—(i)asfarastheamendmentaffectstheproposedamalgamated
organisation or its rules; and(ii)despitetheproposedamalgamatedorganisation’srules; and(b)forapermissiontoamendanexistingorganisation’srules—despite the
rules, allow the existing organisationby a resolution
of its management committee to amendtherules,otherthanaproposedamalgamatedorganisation’s
rules; and(c)for a permission to amend the rules of
a proposed newlyregisteredorganisation—allowtheamendmenttobemade by the constituent part—(i)as far as the amendment affects the
proposed newlyregistered organisation or its rules;
and(ii)despitetheproposednewlyregisteredorganisation’s
rules; andReprint 3 effective 4 April 2011Page
47
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 63](d)provideforproceduresthat,despiteanorganisation’srulesmayormustbefollowedbyamanagementcommittee or a
constituent part; and(e)be given on
conditions stated by the commission.(4)If
the commission gives the permission on conditions and theconditions are contravened, the commission
may—(a)amend the scheme; or(b)give directions or make orders
about—(i)holding the ballot; or(ii)procedures for the amalgamation or
withdrawal.(5)Subsection (4) does not limit the
commission’s other powers.(6)Ifaschemeisamended,whetherunderthissectionorotherwise, the scheme outline must be
amended to reflect theamendment.63Scheme outlines(1)A
scheme outline must have no more than 3000 words, unlessthe
commission approves otherwise.(2)The
outline may, if the commission approves, include thingsotherthanwordsincluding,forexample,diagrams,illustrations, and photographs.(3)The commission may, before an
amalgamation ballot begins,allowtheexistingorganisationsseekingamalgamationtoamend
the outline.(4)Thecommissionmay,beforeawithdrawalballotbegins,allowtheconstituentpartseekingwithdrawaltoamendtheoutline.(5)The
commission may amend the outline to—(a)correct factual errors; or(b)ensure it complies with the
Act.Page 48Reprint 3
effective 4 April 2011
Division 5Industrial
Relations Regulation 2000Part 13 Amalgamations and
withdrawals[s 64]Applications
about ballots64Application to submit proposed
amalgamation to a ballot(1)Anapplicationmaybemadetothecommissionforanamalgamation ballot.(2)Theapplicationmustbemadejointlybytheexistingorganisations and any association proposed
to be registered asan organisation under the
amalgamation.(3)The ballot application must—(a)be accompanied by—(i)acopyoftheschemefortheproposedamalgamation;
and(ii)a written scheme outline; and(b)nominate 1 of the applicants as the
person authorised toreceive on the applicants’ behalf service of
documentsfortheapplication,proposedamalgamationandeachproposed alternative amalgamation;
and(c)besignedbythepresidentorsecretaryofeachjointapplicant;
and(d)beaccompaniedbyacopyofeachresolutionfortheproposed amalgamation under section
59, signed by thepresident or secretary of the existing
organisation whosemanagement committee passed it; and(e)beaccompaniedbyanaffidavitbyamemberofeachexistingorganisation’smanagementcommitteestatingthat
subsection (5)(b) has been complied with.(4)Serviceofadocumentontheapplicantnominatedundersubsection(3)(b)istakentobeserviceoneachoftheapplicants.(5)Anapplicationmaybemadeonlyifeachexistingorganisation’s management committee
has—(a)resolved to make the application;
andReprint 3 effective 4 April 2011Page
49
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 65](b)notifiedeachmemberofthemakingoftheresolutionby—(i)giving the member a copy of the
resolution; or(ii)includingtheresolutioninapublicationthattheorganisation gives to its members free
of charge.65Application to submit proposed
withdrawal to a ballot(1)Anapplicationmaybemadetothecommissionforawithdrawal ballot.(2)However, an application may not be made
if—(a)it is more than 5 years after the
amalgamation happened;or(b)in
the year immediately before it is intended to make theapplication, the commission rejected an
application for awithdrawal ballot to be held in relation to
the constituentpart of the organisation seeking withdrawal;
or(c)a withdrawal ballot did not approve
the withdrawal ofthe constituent part.(3)The
application may be made by—(a)the lesser
of—(i)thenumberequalto5%oftheconstituentmembers on the
day the application is filed; or(ii)2000
constituent members; or(b)the management
committee of a constituent part.(4)An
application may be made only if the constituent part hasgiventheconstituentmembersnoticeofthemakingoftheapplication.(5)The
notice must be given—(a)personally;
or(b)by post, addressed to the member’s
residential address;orPage 50Reprint 3
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Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 66](c)inapublicationthattheamalgamatedorganisationorconstituent part gives to the constituent
members free ofcharge.(6)Theapplicationmuststateaperson(therepresentativeconstituent
member) to be the applicant’s representative
forthe ballot—(a)to
receive documents on the applicant’s behalf; and(b)for other purposes under this
part.(7)The application must be accompanied by
an affidavit by therepresentative constituent member stating
that subsection (4)has been complied with.66Amalgamation ballot exemption—number of
members(1)Aproposedamalgamatedorganisationmayapplytothecommission for an exemption (aballot exemption) from therequirement to hold a ballot for the
amalgamation.(2)Theapplicationmaybemadeonlyonthegroundthatthenumberofpersonsthatcouldbecomemembersoftheproposed amalgamated organisation is
not more than 25% ofthe number of members of the applicant when
the applicationwas filed.(3)The
application must—(a)befiledintheregistrytogetherwiththeballotapplication for
the amalgamation; and(b)state the ground
on which it is made; and(c)be signed by the
president or secretary of the applicant;and(d)beaccompaniedbyanaffidavitbyamemberoftheapplicant’smanagementcommitteestatingthatsubsection (4)(b) has been complied
with.(4)Anapplicationmaybemadeonlyiftheapplicant’smanagement
committee has—(a)resolved to make the application;
andReprint 3 effective 4 April 2011Page
51
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 67](b)notified the organisation’s members of
the making of theresolution by—(i)giving each member a copy of the resolution;
or(ii)including it in a publication the
organisation givesto its members free of charge.67Amalgamation ballot
exemption—recognising federalballot(1)This section applies if—(a)anorganisation’scounterpartfederalbodyhasamalgamatedwithanotherorganisation’scounterpartfederal body
under the Commonwealth Act; and(b)the
organisations propose to amalgamate under the Act.(2)Theorganisationsmayapplytothecommissionforanexemption from holding an amalgamation
ballot.(3)The application must—(a)be filed in the registry with the
ballot application for theamalgamation; and(b)state
the grounds on which it is made; and(c)besignedbythepresidentorsecretaryofeachorganisation; and(d)beaccompaniedbyanaffidavitbyamemberofeachapplicant’smanagementcommitteestatingthatsubsection (4)(b) and (c) has been
complied with.(4)Anapplicationmaybemadeonlyifthemanagementcommittee of each organisation has—(a)resolved to make the application;
and(b)notifiedeachmemberofthemakingoftheresolutionby—(i)giving the member a copy of the
resolution; orPage 52Reprint 3
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Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 68](ii)includingtheresolutioninapublicationthattheorganisation gives to itsmembers free of charge;and(c)notified each member of the member’s
right to object tothe application under section 77
either—(i)personally; or(ii)bypost,addressedtothemember’sresidentialaddress;
or(iii)by including
notice of the right in a publication theorganisation
gives to its members free of charge.68Withdrawal ballot exemption—recognising
federal ballot(1)This section applies if—(a)a ballot has been held under the
Commonwealth Act todecidewhetheraconstituentpartofanamalgamatedorganisationunderthatActshouldwithdrawfromtheorganisation; and(b)theconstituentparthasbeenregisteredasanorganisationunderschedule1,section110oftheCommonwealth
Act.(2)Theconstituentpartmayapplytothecommissionforanexemption from holding a withdrawal
ballot.(3)The application must—(a)be filed in the registry with the
ballot application for thewithdrawal; and(b)state
the grounds on which it is made; and(c)be
signed by the representative constituent member; and(d)beaccompaniedbyanaffidavitbytherepresentativeconstituent
member stating that subsection (4) has beencomplied
with.(4)An application may be made only if the
constituent part hasgiveneachconstituentmembernoticeofthemakingoftheReprint 3 effective 4 April 2011Page
53
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 69]applicationandofthemember’srighttoobjecttotheapplication under section 78
either—(a)personally; or(b)by
post, addressed to the member’s residential address;or(c)byincludingitinapublicationthattheamalgamatedorganisation or
constituent part gives to the constituentmembers free of
charge.69Application for alternative
ballot(1)Anexistingorganisationmayapplytothecommissionforapproval for an amalgamation ballot that is
not a postal ballot(analternative ballot).(2)A constituent part may apply to the
commission for approvalforawithdrawalballotthatisnotapostalballot(alsoanalternative ballot).(3)The application must—(a)be filed in the registry with the
ballot application for theamalgamation or withdrawal; and(b)state,orbeaccompaniedby,theproposalforthealternative ballot; and(c)for an amalgamation ballot—(i)be signed by the applicant’s president
or secretary;and(ii)be accompanied by
an affidavit by a member of theapplicant’smanagementcommitteestatingthatsubsection (4) has been complied with;
and(d)for a withdrawal ballot—(i)besignedbytheapplicant’srepresentativeconstituent
member; and(ii)be accompanied by an affidavit by the
applicant’srepresentativeconstituentmemberstatingthatsubsection (5) has been complied
with.Page 54Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 69](4)An application for an amalgamation
ballot may be made onlyif the applicant’s management
committee has—(a)resolved to make the application;
and(b)notifiedeachmemberofthemakingoftheresolutionby—(i)giving the member a copy of the
resolution; or(ii)including it in a publication that the
organisationgives to its members free of charge.(5)An application for a withdrawal ballot
may be made only iftheconstituentparthasgiveneachmembernoticeofthemaking of the
application either—(a)personally; or(b)by
post, addressed to the member’s residential address;or(c)byincludingitinapublicationthattheamalgamatedorganisation or
constituent part gives to the constituentmembers free of
charge.(6)The alternative ballot must
provide—(a)that the ballot is to be—(i)asecretballotoftheexistingorganisation’smembers or
constituent members who have a rightto vote in the
ballot; and(ii)held at meetings of the members;
and(iii)carried out by
the electoral commission; and(iv)otherwise held under the Act; and(b)that members are to be given at least
21 days notice of—(i)the meetings; and(ii)the
things to be considered at the meetings; and(ii)eachmember’sentitlementtoanabsenteevote;andReprint 3 effective 4 April 2011Page
55
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 70](c)for the posting of the scheme outline
and the ‘yes’ and‘no’ cases under section 102; and(d)for absentee voting.70Withdrawing from application(1)A party to an application under
section 56(1) or 64(1) may filea notice of the
withdrawal of the application in the registry.(2)If a
notice is filed under subsection (1), the registrar must
takethe steps the registrar thinks are necessary
to ensure the noticeis brought to the attention of the
organisations, associationsand persons likely to be affected by
the withdrawal.(3)The parties to an application under
section 56(1) or 64(1) mayjointlyfileanoticeofwithdrawaloftheapplicationintheregistry.(4)Anapplicantundersection65(1),66(1),67(2),68(2)or69mayfileanoticeofwithdrawaloftheapplicationintheregistry.(5)A
partyorapplicantfilinga
noticeofwithdrawalmust filewiththenoticeastatementthattheparty’sorapplicant’smanagement
committee has passed a resolution approving thewithdrawal of the
application.(6)However, if an applicant has no
management committee, theapplicantmustfilewiththenoticeastatementthattheapplicant has passed a resolution
approving the withdrawal ofthe application.(7)The
statement must be signed by an authorised officer of theparty
or applicant or the representative constituent member.Page
56Reprint 3 effective 4 April
2011
Division 6Industrial
Relations Regulation 2000Part 13 Amalgamations and
withdrawals[s 71]‘Yes’ or ‘no’
case71Filing ‘yes’ case(1)Anexistingorganisationforaproposedamalgamationmayfileintheregistryawrittenstatement(a‘yes’case)supporting—(a)the
proposed principal amalgamation; and(b)each
proposed alternative amalgamation.(2)Aconstituentpartthatwantstowithdrawfromanamalgamated organisation may file a
written statement (also a‘yes’ case) supporting the
withdrawal.(3)A ‘yes’ case must not be more than
2000 words.(4)A ‘yes’ case must be filed with the
ballot application for theproposed amalgamation or
withdrawal.72Filing ‘no’ case(1)Thenumberofmembersmentionedinsubsection(2)ofanexisting
organisation for a proposed amalgamation may file inthe
registry a written statement (a‘no’ case)
opposing eitheror both of the following—(a)the proposed amalgamation;(b)each proposed alternative
amalgamation.(2)Thenumberofmembersfilinga‘no’caseforanamalgamation must
be at least the lesser of—(a)5% of the
organisation’s total members when the ballotapplication for
the proposed amalgamation was filed; or(b)1000.(3)Thenumberofmembersmentionedinsubsection(4)ofanamalgamatedorganisationfromwhichaconstituentpartwants
to withdraw may file in the registry a written statement(also
a‘no’ case) opposing the
proposed withdrawal.Reprint 3 effective 4 April 2011Page
57
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 73](4)The number of members filing a ‘no’
case for a withdrawalmust be at least the lesser of—(a)5%oftheconstituentmemberswhentheballotapplication for the proposed withdrawal was
filed; or(b)1000.(5)A
‘no’ case must be—(a)filednolaterthan7daysbeforethehearingfortheproposed amalgamation or withdrawal;
and(b)not more than 2000 words.73Commission statements(1)If 2 or more ‘no’ cases are filed, the
commission may preparea written statement opposing the
amalgamation—(a)based on the ‘no’ cases; and(b)as far as practicable, fairly
presenting the substance ofthe arguments in the ‘no’ cases;
and(c)if practicable, in consultation with
representatives of thepersons who filed the ‘no’
cases.(2)The statement must not be more than
2000 words.(3)Thestatementistakentobetheonly‘no’casefortheamalgamation.74‘Yes’
or ‘no’ cases may include things other than wordsIf
the commission approves, a ‘yes’ or ‘no’ case may includethingsotherthanwords,including,forexample,diagrams,illustrations, and photographs.75Amending ‘yes’ or ‘no’ casesThe
commission may—(a)allow the person who filed a ‘yes’ or
‘no’ case to amendit; andPage 58Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 76](b)amend a filed ‘yes’ or ‘no’ case
to—(i)correct factual errors; or(ii)ensure it complies with the
Act.Division 7Objections76Objections about amalgamations involving
extendingeligibility rules(1)Thefollowingpersonsmayobjecttoanapplicationundersection 64—(a)amemberofanexistingorganisationthattheamalgamation is about;(b)another person with appropriate
interest in the proposedamalgamation.(2)Theobjectionmustbeonthegroundthattheproposedamalgamatedorganisationdoesnotmeet,oriftheamalgamation
takes effect, will not meet, the requirements forregistration under sections 419 to 421 of
the Act.77Objection to amalgamation
ballotexemption—recognising federal ballotAmemberofanorganisationthathasappliedforanexemption from holding a ballot for a
proposed amalgamationunder section 67 may object to the
application on the groundthat the exemption would detrimentally
affect the member’sinterests.78Objection to withdrawal ballot
exemption—recognisingfederal ballotA constituent
member of a constituent part that has applied foran
exemption from holding a withdrawal ballot under section68mayobjecttotheapplicationonthegroundthattheexemption would detrimentally affect
the member’s interests.Reprint 3 effective 4 April 2011Page
59
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 79]79Notice of objection(1)A notice of objection under section 76
must be filed—(a)by the day fixed by the commission;
or(b)ifthecommissionsubstitutesalaterdayforthefixedday—by the substituted day; or(c)if no day is fixed—within 28 days
after a notice undersection84fortheproposedamalgamationisfirstpublished.(2)Anoticeofobjectionundersection77or78mustbefiledwithin 28 days
after a notice of the application is given undersection 81.(3)The
notice must state—(a)the objector’s name and address;
and(b)the grounds of the objection;
and(c)particulars of the grounds.(4)A notice of objection from an
organisation must—(a)be under the organisation’s seal;
or(b)be signed by the organisation’s
authorised officer.(5)The person who files the notice must
serve a copy of it oneach applicant within 7 days after the
filing.80Answering objection(1)Ifacopyofanoticeofobjectionhasbeenservedundersection79(5),theapplicantmayfileastatementansweringthe
notice.(2)The statement must—(a)be signed by an authorised officer of
each applicant; and(b)state the facts relied on in answer to
the objection; and(c)be filed in the registry within 14
days after the objectionnotice is served on the
applicants.Page 60Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 81](3)Theapplicantmustserveacopyofthestatementontheobjector stated in the notice of
objection within 7 days afterfiling it.Division 8Hearing81Notice of application(1)Thissectionappliesifanapplicationforaproposedamalgamation is
filed under section 64 or an application for aproposed
withdrawal is filed under section 65.(2)For a
proposed amalgamation, the commission must promptlygive
notice to all members of the existing organisations theamalgamation is about of—(a)the application; and(b)any application for a community of
interest declaration;and(c)any
application for a ballot exemption; and(d)any
application for an alternative ballot; and(e)foreachapplication—anyrighttoobjecttotheapplication under this part;
and(3)A notice under subsection (2) must
be—(a)given in a newspaper circulating
throughout the State;and(b)published on the QIRC website.(4)Foraproposedwithdrawal,thecommissionmustpromptlygive notice to
all constituent members of—(a)the application;
and(b)any application for a ballot
exemption; and(c)any application for an alternative
ballot; and(d)foreachapplication—anyrighttoobjecttotheapplication under this part.Reprint 3 effective 4 April 2011Page
61
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 82](5)A notice under subsection (4) must
be—(a)given in a newspaper circulating
throughout the State;and(b)published on the QIRC website.82Amalgamation or withdrawal
hearing(1)Whenthetimeforfilingastatementansweringanoticeofobjection under section 79(2) for a proposed
amalgamation orwithdrawalhasended,thecommissionmustpromptlyfixatime and place for a hearing to hear
submissions about—(a)the application; and(b)if an application for a community of
interest declarationwas filed with the application—making a
declaration forthe amalgamation; and(c)ifaballotexemptionwasappliedfor—givingtheexemption; and(d)ifapprovalforanalternativeballotwasappliedfor—giving the
approval.(2)The commission—(a)must
promptly give notice of the time and place for thehearing to—(i)the
applicant; and(ii)all organisations; and(iii)anypersonwhohasfiledanobjectiontoanapplication to be heard at the
hearing; and(b)may notify other persons it considers
may be interestedin the hearing.Example for
paragraph (b)—notifying the electoral
commissionPage 62Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 83]83Amalgamation ballot approval(1)Atahearingforaproposed amalgamation,thecommissionmust allow the
application and approve the submission of theamalgamation
toballotifitconsiderstheapplicationmeetsthe
following conditions (theballot conditions)—(a)the application complies with section
64;(b)theamalgamationinvolvesregisteringaproposedorganisation;(c)apersonineligibleformembershipofanexistingorganisationfortheamalgamationwillnotbeeligiblefor
membership of the amalgamated organisation;(d)if
the name of the proposed amalgamated organisation isthe
same as another organisation’s name or so similar toanotherorganisation’snameastobelikelytocauseconfusion—theotherorganisationhasconsentedinwriting to the name;(e)the
proposed amalgamated organisation’s rules and anyproposed amendment of an existing
organisation’s rulesdo not contravene the Act or an industrial
instrument;(f)aproposedderegistrationofanexistingorganisationcomplies with the
Act.(2)If the commission considers the
application does not meet theballot
conditions, it may allow the application only if satisfiedthe
ballot conditions will be met by—(a)permittingtheapplicanttoamendtheschemefortheamalgamation; or(b)acceptingtheapplicant’sundertakingtoamendtheamalgamation scheme.(3)If
the commission is not satisfied under either subsection (1)or
(2) it must—(a)refuse the application; or(b)adjourn the proceeding.Reprint 3 effective 4 April 2011Page
63
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 84](4)A permission under subsection (2)(a)
may—(a)despiteanexistingorganisation’srules,allowtheorganisation to amend the scheme, including
proposedalterations to the organisation’s rules;
and(b)provide for the procedure that,
despite the rules, may ormust be followed by the management
committee for theapplication; and(c)be
given on conditions stated by the commission.(5)If an
undertaking under subsection (2)(b) or conditions undersubsection (4) are contravened, the
commission may—(a)amend the scheme; or(b)give orders or directions
about—(i)holding the ballot; or(ii)the procedure for the
amalgamation.(6)Subsections (3) and (5) do not limit
the commission’s otherpowers.84Notifying refusal of ballot
application(1)This section applies if the commission
refuses to approve aballotapplicationbecausetheballotconditioninsection83(1)(c)isnotmetandthecommissionisnotsatisfiedasstated in section 83(2).(2)Theregistrarmustpublishanoticeoftherefusalinanewspaper in a way that, in the
registrar’s opinion, is likely tocome to the
attention of persons likely to be affected by theapplication’s proposed amalgamation.(3)The notice must state—(a)the grounds stated in section 76 for
an objection; and(b)thedayundersection79(1)onwhichanobjectionnotice must be
filed by.Page 64Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 85]85Hearing objection(1)Whenthetimeforfilingastatementansweringanoticeofobjection under section 79(1) has ended, the
commission mustpromptly—(a)fix a
time and place to hear objections to the application;and(b)givetheapplicantandanyobjectornoticeofthetimeand
place of the hearing.(2)Thecommissionmayfixseparatehearingsfordifferentobjections.86Amalgamation ballot approval if ballot
extends eligibilityrules(1)Afterthehearingofobjectionsundersection85,thecommissionmustallowtheapplicationandapprovethesubmission of the amalgamation to ballot if
it considers theapplicationmeetsthefollowingconditions(theballotconditions)—(a)the application complies with section
64;(b)theamalgamationinvolvesregisteringaproposedorganisation;(c)apersonineligibleformembershipofanexistingorganisationfortheamalgamationwillnotbeeligiblefor
membership of the amalgamated organisation;(d)if
the name of the proposed amalgamated organisation isthe
same as another organisation’s name or so similar toanotherorganisation’snameastobelikelytocauseconfusion—theotherorganisationhasconsentedinwriting to the name;(e)the
proposed amalgamated organisation’s rules and anyproposed amendment of an existing
organisation’s rulesdo not contravene the Act or an industrial
instrument;(f)aproposedderegistrationofanexistingorganisationcomplies with the
Act.Reprint 3 effective 4 April 2011Page
65
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 86](2)If the commission considers the
application does not meet theballot
conditions, it may allow the application only if satisfiedthe
ballot conditions will be met by—(a)permittingtheapplicanttoamendtheschemefortheamalgamation; or(b)acceptingtheapplicant’sundertakingtoamendtheamalgamation scheme.(3)If
the commission considers an application does not meet theballot conditions and is not satisfied the
ballot conditions willbemetbythethingsmentionedinsubsection(2),thecommission must allow the application
only if satisfied—(a)no properly made objection is
justified; and(b)theamalgamationdoesnotcontravenetheActoranindustrial instrument.(4)If
the commission is not satisfied under either subsection (1),(2)
or (3) it must—(a)refuse the application; or(b)adjourn the proceeding.(5)A permission under subsection (2)(a)
may—(a)despiteanexistingorganisation’srules,allowtheorganisation to amend the scheme, including
proposedalterations to the organisation’s rules;
and(b)provide for the procedure that,
despite the rules, may ormust be followed by the management
committee for theapplication; and(c)be
given on conditions stated by the commission.(6)If an
undertaking under subsection (2)(b) or conditions undersubsection (5) are contravened, the
commission may—(a)amend the scheme; or(b)give orders or directions
about—(i)holding the ballot; or(ii)the procedure for the
amalgamation.Page 66Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 87](7)Subsections (4) and (6) do not limit
the commission’s otherpowers.87Withdrawal ballot approval(1)Atthehearingforaproposedwithdrawal,thecommissionmust allow the
application and approve the submission of thewithdrawal to
ballot if it considers the application meets thefollowing conditions (theballot conditions)—(a)the application for the ballot is made
in accordance withsection 65;(b)ifthenameoftheproposednewlyregisteredorganisation is the same as another
organisation’s nameorsosimilartoanotherorganisation’snameastobelikelytocauseconfusion—theotherorganisationhasconsented in writing to the name;(c)theproposednewlyregisteredorganisation’srulesdonot contravene the Act or an
industrial instrument.(2)If the commission
orders that a ballot be held, it may make theorders it
considers appropriate for the conduct of the ballot.88Ballot exemption—number of
members(1)This section applies at a hearing for
a proposed amalgamationif a ballot exemption application
under section 66 was filedwith the ballot application for the
amalgamation.(2)If the number of persons that could
become members of theproposed amalgamated organisation is
not more than 25% ofthe number of members of the applicant when
the applicationwas filed, the commission must allow the
ballot exemption,unless it considers the exemption should be
refused becauseof special circumstances.(3)Ifthecommissiongivestheexemption,theorganisation’smembers are taken
to have approved—(a)the proposed amalgamation; and(b)each proposed alternative
amalgamation.Reprint 3 effective 4 April 2011Page
67
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 89]89Amalgamation ballot
exemption—recognising federalballot(1)Ifanapplicationforanexemptionfromholdinganamalgamationballothasbeenmadeundersection67,thecommission may
give the exemption only if satisfied—(a)the
percentage of Queensland voters in the federal ballotapproving the amalgamation was the same as,
or morethan,thepercentagethat wouldhavebeenrequiredtoapprovetheamalgamationundersection119hadtheQueenslandvotersbeenvotinginaballotforanamalgamation to which section 119
applied; and(b)if the organisations’ and the
counterpart federal bodies’eligibilityrulesdiffer—theinterestsoftheorganisations’
members who were ineligible to vote inthe federal
ballot have not been detrimentally affected;and(c)any objections on the ground mentioned
in section 76have been resolved; and(d)all
likely legal challenges, including inquiries under theCommonwealthAct,inthefederaljurisdiction,haveended.(2)Ifthecommissionissatisfiedofthethingsmentionedinsubsection(1),thecommissionmustgivetheexemptionunless it considers the exemption should be
refused becauseof special circumstances.(3)Ifthecommissiongivestheexemption,theorganisation’smembers are taken
to have approved—(a)the proposed amalgamation; and(b)each proposed alternative
amalgamation.(4)In this section—federalballotmeansaballotthathasbeenheldundertheCommonwealth Act to approve a proposed
amalgamation.Page 68Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 90]90Withdrawal ballot
exemption—recognising federal ballot(1)If an
application for an exemption from holding a ballot for aproposedwithdrawalismadeundersection68,thecommission may give the exemption only
if satisfied—(a)the percentage of Queensland voters in
the federal ballotapprovingthewithdrawalfromamalgamationwasthesame as, or more than, the percentage
that would havebeen required to approve the withdrawal
under section119 had the Queensland voters been voting in
a ballotfor a withdrawal to which section 119
applied; and(b)iftheproposednewlyregisteredorganisation’seligibilityrulesaredifferentfromthoseoftheorganisation registered under schedule
1, section 110 ofthe Commonwealth Act—the interests of the
constituentmemberswhowereineligibletovoteinthefederalballot have not
been detrimentally affected; and(c)objections about the possible changes of
eligibility ruleshave been resolved; and(d)all
likely legal challenges, including inquiries under theCommonwealthAct,inthefederaljurisdictionhaveended.(2)Ifthecommissionissatisfiedofthethingsmentionedinsubsection(1),thecommissionmustgivetheexemptionunless it considers the exemption should be
refused becauseof special circumstances.(3)Ifthecommissiongivesanexemption,theconstituentmembers are taken
to have approved the withdrawal.(4)In
this section—federalballotmeansaballotthathasbeenheldundertheCommonwealth Act to decide whether a
constituent part of anamalgamatedorganisationunderthatActshouldwithdrawfrom the
organisation.Reprint 3 effective 4 April 2011Page
69
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 91]91Alternative ballot approval(1)This section applies to a hearing for
a proposed amalgamationorwithdrawalifanapplicationforanalternativeballothasbeen made under section 69.(2)Afterconsultingwiththemanageroftheballot,thecommission must approve the
alternative ballot if satisfied theproposal—(a)is practicable; and(b)complies with section 69(3);
and(c)is likely to give members of the
existing organisation, orconstituent members, with a right to
vote—(i)fuller participation than a ballot
under section 98;and(ii)anadequateopportunitytovoteontheamalgamation without intimidation.92Notice to manager of ballot(1)Ifthecommissionapprovesaballotforaproposedamalgamation or
withdrawal, the registrar must promptly—(a)notify the manager of the ballot; and(b)give a copy of the ballot documents to
the manager ofthe ballot.(2)After
the manager is notified, the manager must promptly takethe
action the manager considers necessary to hold the ballotas
quickly as possible.(3)In subsection (1)—ballot
documentsmeans—(a)the
scheme, scheme outline and each ‘yes’ case; and(b)each
‘no’ case; and(c)eachamendmentof,ordocumentfiledinsubstitutionfor, a document
mentioned in paragraphs (a) or (b).Page 70Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 93]93Fixing ballot period(1)Ifthecommissionapprovesthesubmissionofaproposedamalgamationorwithdrawaltoaballot,thecommissionmust—(a)consult with the manager of the ballot
about the mattersmentioned in paragraphs (b) and (c);
and(b)fix days and times for the ballot to
start and finish; and(c)fix the roll
cut-off day under section 110.(2)The
ballot must start within 28 days of the approval, unless—(a)thecommissionissatisfiedthemanageroftheballotneeds more time
to arrange the ballot; or(b)the applicant for
the amalgamation or withdrawal ballotrequests a later
day.(3)Ifaschemeforaproposedamalgamationhas1ormoreproposedalternativeschemes,allballotsfortheproposedamalgamation and
proposed alternative amalgamations musthave the same
start and finish days.(4)Thecommissionmay,afterconsultingwiththemanagerofthe ballot, change the start or finish
days.Division 9Ballots94Electoral commission to conduct
ballotA ballot for a proposed amalgamation or
withdrawal must beconducted by the electoral
commission.95Providing information and documents to
electoralofficers(1)This
section applies if—(a)the registrar has notified the
electoral commission of anapplication for a ballot for a
proposed amalgamation orwithdrawal; andReprint 3
effective 4 April 2011Page 71
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 95](b)theelectoralcommissionhasbywrittennoticeappointed an electoral officer as manager of
the ballot;and(c)themanagerconsidersinformationwithintheknowledgeofanofficerofanexistingorganisation,amalgamatedorganisationorconstituentpart,ordocuments in the officer’s custody or
control or to whichtheofficerhasaccess,arereasonablynecessaryforaballotthatisormayberequiredbecauseoftheapplication.(2)The
manager may, by written notice, require the officer to—(a)give the manager information that is
within the officer’sknowledge; and(b)produce documents to the manager that the
officer—(i)has custody or control of; or(ii)to which the officer has
access.(3)The notice must state—(a)if it requires the officer to give
information—(i)the information required; and(ii)aperiod,ofnotlessthan7days,inwhichtheinformation is to be given; and(iii)a reasonable way
of giving it; and(b)if it requires the officer to produce
documents—(i)the documents required; and(ii)areasonableperiod,ofnotlessthan7days,inwhich
the documents are to be produced; and(iii)a
reasonable place at which the documents are tobe
produced.(4)The officer must not contravene the
notice, unless the officerhas reasonable excuse.Maximum penalty—20 penalty units.Page
72Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 96](5)It is a reasonable excuse for the
officer not to comply with thenotice if doing
so might tend to incriminate the officer.(6)In
this section—officerofanorganisationincludesanemployeeoftheorganisation.96Action and directions by manager of
ballotAmanagerofaballotforaproposedamalgamationorproposed withdrawal may take action and give
directions themanagerreasonablyconsidersarenecessarytoensurenounlawful disclosure or irregularity happens
in the ballot.97Manager of ballot must give scheme and
outline if asked(1)This section applies if—(a)a manager of a ballot for a proposed
amalgamation orproposed withdrawal has received a copy
of—(i)the ballot application for the ballot;
or(ii)aschemeorschemeoutlineforaballotapplication; and(b)a
voter asks for a copy of the scheme, scheme outline orballot application.(2)Themanagermustpromptlygivethevoteracopy,freeofcharge.98Members’ secret postal ballot(1)This section applies to each existing
organisation concernedinaproposedamalgamation,andtoaconstituentpartconcerned in a proposed withdrawal,
if—(a)thecommissionhasapprovedaballotfortheamalgamation or withdrawal; and(b)the commission—Reprint 3
effective 4 April 2011Page 73
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 99](i)hasnotapprovedanalternativeballotfortheamalgamation or
withdrawal; or(ii)foraproposedamalgamation—hasnotgiventheorganisation a ballot exemption under
section 88 or89; or(iii)foraproposedwithdrawal—hasnotgiventheconstituentpartaballotexemptionundersection90.(2)The manager of
the ballot must carry out secret postal ballotsof the members
who have a right to vote in the ballot on theamalgamation or
withdrawal about—(a)whethertheyapprovetheproposedamalgamationorwithdrawal; and(b)iftheschemefortheamalgamationhasanalternativescheme—iftheproposedamalgamationdoesnottakeplace,whethertheyapprovethealternativeamalgamation.(3)Ifthereisanalternativeschemeforanamalgamation,thesameballotpapermustbe usedforvotingontheproposedamalgamation and
proposed alternative amalgamation.99Form
of ballot paperA ballot paper must be in the form provided
for in the rules ofcourt.100Notice of ballot(1)Themanagerofaballotforaproposedamalgamationorwithdrawal must give notice, before the
ballot starts, to eachperson with a right to vote in the
ballot of the start and finishdays and times of
the ballot.(2)Ifthecommissionhasapprovedanalternativeballotundersection 91(2),
the manager of the ballot must—(a)fix
the place for the ballot; andPage 74Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 101](b)give at least 21 days notice to each
voter of—(i)the place, day and times; and(ii)the procedure to get and cast an
absentee vote.(3)The manager of a ballot may give a
notice under this sectionby—(a)post
addressed to the voter’s residential address; or(b)includingitinapublicationthattheorganisationorconstituentpartgivestotheorganisation’smemberswith
a right to vote in the ballot free of charge; or(c)anotherwaythemanagerthinkswillreasonablybringthe
notice to each member’s attention.101Postal ballots—distributing voting
material(1)A manager of a secret postal ballot
must post the followingmaterial for the ballot (thevoting material) to each
voter—(a)a ballot paper initialled by the
manager;(b)a copy of the scheme outline and any
amendments to it;(c)a copy of each ‘yes’ case and any
amendments to it;(d)a copy of each ‘no’ case and any
amendments to it;(e)anunsealedreplypaidenvelope(areturnenvelope)addressed to the manager;(f)a ballot envelope and voting
declaration;(g)other material the manager considers
appropriate for theballot including, for example, directions or
notes to helpthe voter to comply with the Act and cast a
valid vote;(h)a statement that tells the voter how
and where they mayobtain a copy of the latest version of the
scheme.(2)The voting declaration must state ‘I
certify I am the personwhose name appears on this envelope
and I have voted on theballot paper enclosed.’.Reprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 102](3)The voting material must be posted to
a voter—(a)in a sealed envelope to the voter’s
address on the roll;and(b)as soon as
practicable, but not earlier than 2 days beforethe start day of
the ballot.(4)If a voter gives the manager notice
that the voter will be at anaddress other
than the address stated on the roll when votingmaterial is to be
given, the manager must post the material tothe address
stated in the notice.(5)Before posting
voting material to a voter, the manager mustmark a ballot
number for each voter on—(a)the roll against
the voter’s name; and(b)the voting
declaration.(5A)The manager must give each voter a
different ballot number.(6)The ballot
numbers must start with a number chosen by themanager.(7)A ballot paper or ballot envelope must
not be marked in a waythat could identify the voter.102Material for alternative
ballots(1)The manager of an alternative ballot
must post to each voter attheir address on the roll—(a)a copy of the latest version
of—(i)the scheme outline for the proposed
amalgamationor withdrawal and any amendments to it;
and(ii)each ‘yes’ case for the proposed
amalgamation orwithdrawal; and(iii)each
‘no’ case for the proposed amalgamation orwithdrawal;
and(b)a statement that tells the voter how
and where they mayobtain a copy of the latest version of the
scheme.Page 76Reprint 3
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13 Amalgamations and withdrawals[s 103](2)The documents must be posted in enough
time for them to bedelivered, in the ordinary course of post,
at least 7 days beforethe start day of the ballot.103Alternative ballots—distributing
ballot papers(1)The manager of an alternative ballot
must give a ballot paperinitialled by the manager to each
voter at the meeting at whichthe ballot is to
be held.(2)However, if a voter tells the manager
the voter will be absentfrom the meeting, the manager must
give the voter each of thefollowing as soon as practicable
before the meeting starts—(a)a ballot
paper;(b)a ballot envelope;(c)a
return envelope;(d)a voting declaration.104Duplicate ballot documents—postal
voting(1)Thissectionappliesifaballotdocumentforaproposedamalgamation or withdrawal posted to a
voter—(a)has not been received by the voter;
or(b)has been lost or destroyed; or(c)if the ballot document is a ballot
paper—has been spoilt.(2)Thevotermayapplytothemanageroftheballotforaduplicate of the ballot
document.(3)The application must—(a)be received by the manager on or
before the finish dayof the ballot; and(b)state
the grounds for the application; and(c)if
practicable, be substantiated by evidence verifying ortending to verify the grounds; and(d)state the voter has not voted at the
ballot; andReprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 105](e)iftheballotdocumentisaspoiltballotpaper—beaccompanied by the ballot paper.(4)If the application complies with
subsection (3), the managermust—(a)give
a duplicate of the document to the voter; or(b)for a
spoilt ballot paper—(i)mark ‘spoilt’ on the paper; and(ii)initial the paper where marked and
keep the paper;and(iii)give a fresh
ballot paper to the voter.(5)In this
section—ballot documentmeans—(a)a document mentioned in section
103(2); or(b)voting material given to an voter
under section 101.105Duplicate ballot papers—alternative
ballot(1)If a voter at an alternative ballot
satisfies the manager of theballot, before
putting the ballot paper in the ballot box, thatthe
voter has spoilt the paper, the manager must—(a)mark
‘spoilt’ on the paper; and(b)initial the paper
where marked and keep it; and(c)give
a fresh ballot paper to the voter.(2)If a
voter at an alternative ballot satisfies the manager of theballot, before the ballot finishes, that the
voter’s ballot paperhas been lost, stolen or destroyed, the
manager must give thevoter a duplicate ballot paper.106Manager must keep a ballot boxThe
manager must get a ballot box and—(a)keep
the box in a safe place; andPage 78Reprint 3 effective 4 April
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13 Amalgamations and withdrawals[s 107](b)seal the box in a way that—(i)allows voting material to be put in it
until the ballotfinishes; and(ii)prevents voting material from being taken
from ituntil votes for the ballot are to be
counted.107How to vote by post(1)This section applies if—(a)a ballot is a secret postal ballot;
or(b)a voter is given voting material under
section 103(2) tocast an absentee vote in an alternative
ballot.(2)The voter may vote only by completing
the following steps—(a)completingaballotpaperbycomplyingwiththeinstructions on the paper;(b)putting the ballot paper in the ballot
envelope;(c)sealing the ballot envelope;(d)filling in and signing the voting
declaration;(e)putting the voting declaration and the
ballot envelope inthe return envelope;(f)sealing the return envelope;(g)complyingwithanydirectiongivenundersection101(1)(g);(h)returningthereturnenvelopetothemanageroftheballot before the
ballot finishes by—(i)postingitsothemanagerreceivesitbeforetheballot finishes; or(ii)puttingitintheballotboxbeforetheballotfinishes.Reprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 108]108How to vote in an alternative
ballot(1)This section applies to a vote at a
meeting for an alternativeballot.(2)The
voter must vote by—(a)completing a ballot paper; and(b)complying with the instructions on the
paper about howto vote and putting it in the ballot
box.109How ballot manager must deal with
voting material(1)Amanagerofaballotforaproposedamalgamationorwithdrawal must—(a)put
each return envelope apparently containing a ballotpaper
in the ballot box; and(b)put all other
voting material returned to the manager in asafe place until
the vote has been counted.Maximum penalty—20 penalty
units.(2)If,afterthefinishdayoftheballotforaproposedamalgamationorwithdrawal,themanagerreceivesareturnenvelope
apparently containing a ballot paper for the ballot,the
manager must—(a)keep the envelope sealed; and(b)mark the envelope ‘Received after the
finish day’; and(c)keep the envelope in safe custody, but
separately fromvoting material received before the finish
day.Division 10Roll110Roll—who may vote(1)The
roll of voters for a ballot for a proposed amalgamation orwithdrawal is the roll of persons having the
right to vote at theballot on a day (theroll cut-off
day) fixed by the commission.Page
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13 Amalgamations and withdrawals[s 111](2)The day fixed must be at least 30 days
and not more than 60days before the ballot starts.(3)Apersonhastherighttovoteataballotforaproposedamalgamationifthepersonmay,undertherulesoftherelevant existing organisation
vote—(a)at the ballot; or(b)in an
election.(4)Apersonhastherighttovoteataballotforaproposedwithdrawal if the
person—(a)is a member of the amalgamated
organisation; and(b)hastherighttobeamemberoftheproposednewlyregisteredorganisationunderitsproposedeligibilityrules after the
withdrawal day.(5)The roll must be prepared at the
direction of the manager ofthe ballot.(6)The
manager must ensure the roll—(a)states each voter’s name and, opposite their
name, theiraddress; and(b)iscompletednolessthan14daysbeforetheballotstarts.Maximum penalty for subsection (5)—20
penalty units.111Roll—inspection(1)Amanagerofaballotforaproposedamalgamationorwithdrawalmustmaketherollfortheballotavailableforinspection—(a)in
the period that—(i)starts on the day after the roll must
be completedunder section 110(6)(b); and(ii)ends 30 days after the ballot result
is declared; andReprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 112](b)during ordinary business hours at the
place the managercarries out the manager’s duties for the
ballot.Maximum penalty—20 penalty units.(2)The following persons may inspect the
roll, free of charge, ortake a copy of the roll or of part of
the roll—(a)for an amalgamation ballot—a member of
the existingorganisation the ballot is about;(b)for a withdrawal ballot—a member of
the amalgamatedorganisation from which the constituent part
is seekingto withdraw;(c)foranamalgamationorwithdrawalballot—apersonauthorised by the
manager.Division 11Scrutineers112Scrutineers(1)Anexistingorganisation’smanagementcommitteemayappointamemberoftheorganisationasascrutineerforaballottorepresenttheinterestsofmembersforaproposedamalgamation.(2)An
amalgamated organisation’s management committee mayappointamemberoftheorganisationasascrutineerforaballottorepresenttheinterestsofmembersforaproposedwithdrawal.(3)An
appointment under subsection (1) or (2) must be writtenand
be signed by an authorised officer of the organisation onthe
committee’s behalf.(4)Aconstituentpartmayappointaconstituentmemberasascrutineer for a
ballot to represent the interests of the part for aproposed withdrawal.(5)An
appointment under subsection (4) must be written and besigned by the representative constituent
member.Page 82Reprint 3
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13 Amalgamations and withdrawals[s 113](6)Acommitteeorconstituentpartthatappointsascrutineermust notify the
manager of the ballot of the scrutineer’s nameas soon as
possible after the appointment.(7)If a
‘no’ case has been filed for an amalgamation, the managermust
allow any member of an existing organisation to be ascrutineertosafeguardtheinterestsofmembersoftheorganisation against the proposal, but
only if the manager issatisfiedthememberrepresentsthememberswhofiledthe‘no’
case.(8)However, there may be only 1
scrutineer under this section foreachcommitteeorconstituentpartentitledtoappointascrutineer under this section for each
electoral official who ispresent where the ballot is being
conducted.(9)Also, there may be only 1 scrutineer
under subsection (7) foreach electoral official who is present
where the ballot is beingconducted.113Scrutineers’ rights(1)A
scrutineer may be present when—(a)ballotpapersorothervotingmaterialforaballotareprepared and given to voters; or(b)voting material is received and put in
the ballot box or ina safe place under section 109(1); or(c)votes are counted.(2)Themanagermayrefusetoallowapersontoactasascrutineer if—(a)the
manager asks to inspect the written appointment as ascrutineer; and(b)the
person does not produce it.114Scrutineers’
objections(1)Beforevotesarecountedforaballotforaproposedamalgamationorwithdrawal,ascrutineermayadvisetheReprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 115]manager of the ballot that the scrutineer
considers an error hasbeen made in conducting the
ballot.(2)Whenvotesforaballotforaproposedamalgamationorwithdrawal are being counted, a scrutineer
may—(a)objecttoaballotpaperbeingadmittedasformalorrejected as informal; or(b)advisethemanageroftheballotthatthescrutineerconsidersanerrorhasbeenmadeinconductingtheballot or counting votes.(3)Ifthescrutineeradvisesthemanagerofanerrorundersubsection (1) or (2)(b), the manager
must—(a)decide whether the error has been
made; and(b)ifappropriate,directactiontocorrectormitigatetheerror.(4)Ifascrutineerobjectsundersubsection(2)(a),themanagermust—(a)decidewhethertheballotpaperistobeadmittedorrejected; and(b)note
the decision on the ballot paper; and(c)initial the note.115Direction to leave count(1)Amanagerofaballotforaproposedamalgamationorwithdrawal may direct a person to leave the
place where votesfortheballotarebeingcountedifthemanagerreasonablybelieves the
person—(a)does not have the right to be present,
or remain present,at the count; or(b)isinterruptingthecount,otherthantoexerciseascrutineer’s right.Page
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13 Amalgamations and withdrawals[s 116](2)A person must comply with a direction
under subsection (1)unless the person has a reasonable
excuse.Maximum penalty—10 penalty units.Division 12Counting
votes116Initial scrutiny of postal
votes(1)This section applies if a vote is made
under section 107.(2)As soon as possible after the ballot
finishes, the manager ofthe ballot must—(a)seal
the ballot box in a way that prevents voting materialfrom
being put in it; and(b)take the ballot box to the place where
votes are to becounted.(3)The
manager must then—(a)unseal the ballot box; and(b)take out the return envelopes;
and(c)openeachreturnenvelopeandtakeouttheballotenvelope and the
voting declaration; and(d)examine the
declaration and mark off the voter’s nameon the roll;
and(e)check the ballot number on the
declaration against theballot number marked against the
voter’s name on theroll; and(f)ensure the declaration is signed.(4)Aftercomplyingwithsubsection(3),themanagermustputthe ballot envelopes in a container
and the declarations intoanother container if satisfied—(a)each declaration is signed; andReprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 116](b)the ballot number on each declaration
corresponds withthe ballot number marked beside the voter’s
name on theroll.(5)However,themanagermustnotputaballotenvelopeordeclaration in the containers
mentioned in subsection (4) if—(a)themanagerreasonablybelievesthevotertowhomitwas sent did not
sign the declaration; or(b)the person named
on the declaration is not the person towhom it was
sent.(6)Subsection (5) does not apply if the
manager is satisfied theperson who filled in and signed the
declaration—(a)is a voter; and(b)has
not previously voted in the ballot; and(c)has a
reasonable explanation for using someone else’sballot
material.(7)Themanagermustkeepballotenvelopesanddeclarationsexcludedundersubsection(5)separatefromotherballotenvelopes and declarations.(8)A declaration is valid only if—(a)it complies with subsection (4)(a) and
(b); and(b)subsection (5) does not apply.(9)A valid declaration must be accepted
as valid, and an invaliddeclaration must be rejected, by the
manager.(10)Ifadeclarationisacceptedasvalidbythemanager,themanager must—(a)note
the acceptance of validity on the declaration; and(b)record the correct ballot number on
the roll against thename of the voter who signed the
declaration.(11)Afterseparatingtheballotenvelopesanddeclarations,themanager must, in the following order—(a)seal the container holding
declarations;Page 86Reprint 3
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13 Amalgamations and withdrawals[s 117](b)open the ballot envelopes not excluded
under subsection(5) and take out the ballot papers;(c)ifaballotenvelopecontainsmorethan1ballotpaper—markeachoftheballotpapersfromtheenvelope ‘informal under section
117(3)(e)’;(d)put all of the ballot papers in the
ballot box.117Counting votes(1)Themanagerforaproposedamalgamationorwithdrawalmust—(a)admit the formal votes and reject the
informal votes; and(b)count the formal votes, and record the
number for andagainst the proposal; and(c)count the informal votes.(2)If there is an alternative scheme for
a proposed amalgamationand a ballot does not approve the
proposed amalgamation, themanager must—(a)admit
the formal votes, and reject the informal votes, forthe
alternative amalgamation; and(b)count
the formal votes, and record the number for andagainst the
alternative amalgamation; and(c)counttheinformalvotesforthealternativeamalgamation.(3)A
vote is informal only if—(a)the ballot paper
is not initialled by the manager and themanager is not
satisfied the paper is authentic; or(b)the
ballot paper is marked in a way that allows the voterto be
identified; or(c)theballotpaperisnotmarkedinawaythatmakesitclear
how the voter meant to vote; or(d)the
ballot paper does not comply with a direction givenunder
section 101(1)(g); orReprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 118](e)theballotenvelopefromwhichtheballotpaperwastaken contained more than 1 ballot
paper.118Ballot records to be kept(1)This section applies—(a)ifaballotisheldforaproposedamalgamationorproposed withdrawal; and(b)despite the rules of an organisation or
constituent part.(2)Theelectoralcommissionmustdoeverythingnecessarytoensure all ballot records for the
ballot are kept for 1 year afterthe
ballot.Division 13Approval of
proposal119Members’ decision on amalgamation or
withdrawal(1)Thissectionappliesifaproposedamalgamationorwithdrawal is submitted to a ballot.(2)The amalgamation or withdrawal is
approved by an existingorganisation or constituent part only
if—(a)when a community of interest
declaration exists for theproposed amalgamation—more than 50% of
the formalvotes cast by the members of the
organisation are for theamalgamation; or(b)otherwise—(i)atleast25%ofthemembersoftheexistingorganisation or constituent members on the
roll ofvoters cast a vote in the ballot; and(ii)morethan50%oftheformalvotescastbymembers of the
existing organisation or constituentmembers are for
the amalgamation or withdrawal.Page 88Reprint 3 effective 4 April
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13 Amalgamations and withdrawals[s 120]120Amalgamation approval(1)Ifeachexistingorganisationforaproposedamalgamationapprovestheproposedamalgamation,theproposedamalgamation is
approved.(2)An alternative amalgamation is
approved if—(a)theschemefortheproposedamalgamationhasanalternative scheme; and(b)1 or more existing organisations for
the amalgamationdo not approve the proposed amalgamation;
and(c)eachexistingorganisationthatthealternativeamalgamationisaboutapprovethealternativeamalgamation.121Ballot result report(1)The
ballot manager must, within 14 days after the declarationoftheresultofaballotforaproposedamalgamationorwithdrawal,givetheregistrarawrittenballotresultreportcontaining the particulars mentioned in
section 37.(2)A contravention of this section does
not invalidate a ballot.122Further ballot if
amalgamation not approved(1)This section
applies if—(a)an amalgamation ballot (thefirst ballot) for a
proposedamalgamation is held; and(b)anexistingorganisationdoesnotapprovetheamalgamation.(2)Theexistingorganisationsmayjointlyfileanotherballotapplication for the proposed
amalgamation.(3)If the application is filed within 1
year of the declaration ofthe first ballot, the commission
may—(a)omit a procedural step under this part
for the proposedamalgamation; orReprint 3
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13 Amalgamations and withdrawals[s 123](b)order the conduct of a fresh ballot in
place of an earlierballot in the amalgamation; or(c)givethedirectionsandmaketheordersitconsidersnecessary or
desirable.Division 14Ballot
inquiriesSubdivision 1Applications and
referrals tocommission123Commission may conduct ballot inquiryThe
commission may, on an application referred to it by theregistrarunderthisdivision,conductaninquiry(aballotinquiry)
about a claimed irregularity in an amalgamation orwithdrawal ballot.124Who
may applyAn application for a ballot inquiry may be
made only by—(a)foranamalgamationballot—amemberofanexistingorganisation;
or(b)for a withdrawal ballot—a constituent
member.125Requirements for application(1)The application must be made no later
than 60 days after theresult of the ballot has been
declared.(2)The application must—(a)state—(i)the
ballot for which the application is made; and(ii)the
irregularity that is claimed to have happened;andPage
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13 Amalgamations and withdrawals[s 126](b)be accompanied by an affidavit by the
applicant statingthe facts claimed in the application are
true to the best ofthe applicant’s knowledge and belief.126Referral to commission(1)The registrar may refer the
application to the commission onlyif
satisfied—(a)therearereasonablegroundstoinquirewhethertherehasbeenanirregularityintheballotthatmayhaveaffected, or may
affect, the ballot result; and(b)the
circumstances justify an inquiry.(2)In
deciding whether to refer, the registrar may consider otherappropriate information that the registrar
knows about.(3)If the registrar refers the
application, the commission must—(a)fix a
time and place for the inquiry; and(b)give
directions to ensure that the persons who must begiven
an opportunity to be heard under section 654 ofthe Act are given
notice of the time and place.Subdivision
2Investigations and interim orders127Commission may authorise registrar to
investigate(1)Thecommissionmay,byorder,madebeforeoraftertheregistrar’s decision to refer, authorise the
registrar to do anyof the following—(a)inspect ballot records for the
ballot;(b)take possession of the ballot
records;(c)enteraplaceofbusinessusedoroccupiedbytheexistingorganisation,amalgamatedorganisationorconstituentpartatwhichtheregistrarreasonablybelieves the ballot records are held, using
necessary andreasonable help;Reprint 3
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13 Amalgamations and withdrawals[s 128](d)require a person to give the registrar
ballot records in theperson’s possession or under the
person’s control, or tokeep the ballot records, until—(i)an inquiry is completed; or(ii)an earlier time ordered by the
commission.(2)Apersonmustcomplywithadirectionundersubsection(1)(d)togiveballotrecords,unlessthepersonhasareasonable excuse.Maximum
penalty—20 penalty units.(3)Apersonmustnotobstructtheregistrarwhenexercisingapower
under this section.Maximum penalty—20 penalty units.128Interim ordersAfter the
registrar refers the application, the commission maymake
an interim order—(a)stopping any further steps—(i)to conduct the ballot; or(ii)that give effect to the ballot result;
or(b)consequential to another interim
order.129When interim order endsAn
interim order ends—(a)on the day stated in the order for it
to end; or(b)if it is discharged by the commission;
or(c)attheendoftheballotinquiryandeverythingthecommission ordered, other than under an
interim order,during the inquiry.Page 92Reprint 3 effective 4 April
2011
Subdivision 3Industrial
Relations Regulation 2000Part 13 Amalgamations and
withdrawals[s 130]Conduct of
ballot inquiries130Commission’s functions and powers for
inquiry(1)Foraballotinquiry,thecommissionmustinquireintoanddecide—(a)if an
irregularity has happened in the ballot; and(b)other
questions it considers necessary about the conductand
results of the ballot.(2)The commission
may make orders it considers necessary forthe inquiry,
including for example, a recount of votes for theballot.131Orders if irregularity found(1)Thissectionappliesifthecommissionfindsanirregularityhas happened, or
is likely to happen, in a ballot.(2)The
commission may make an order—(a)for a
fresh ballot or the repeat of a step in the ballot; or(b)amending the rules of an organisation
or constituent partin a way it considers necessary to correct a
proceduraldefect in the rules; or(c)directingsafeguardsitconsidersappropriatetostopirregularities in the ballot, fresh
ballot or repeat step.(3)Also, if the
commission finds the ballot result may have been,or
may be, affected by the irregularity or another
irregularity,thecommissionmay,by
order,declaretheballot,orasteptaken in or for
it, to be void.(4)Thecommissionmaymakeanyotherorderthatisconsequential to
an order under this section.132Enforcing orders under this divisionThecommissionmaymakeanorderinthenatureofaninjunction,eithermandatoryorrestrictive,itconsidersReprint 3
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13 Amalgamations and withdrawals[s 133]necessarytoenforceanorderorperformitsfunctionsorexercise its powers under this
division.Subdivision 4Offences about
ballot inquiries133Disadvantaging applicant for
inquiry(1)A person must not cause, inflict or
procure a disadvantage toanotherpersonbecausetheotherpersonhasappliedforaballot inquiry.Maximum
penalty—20 penalty units.(2)In this
section—disadvantageincludesdamage,detriment,injury,loss,punishment and violence.134Obstructing orders being carried outApersonmustnotobstructsomeonewhoiscarryingoutacommission order
under this division.Maximum penalty—20 penalty units.Subdivision 5Miscellaneous135Financial help for application(1)An applicant for a ballot inquiry may
apply to the Minister forfinancial help.(2)The
Minister may direct that financial help from the State begiven
to the applicant for the cost of the application, includingwitness expenses, if—(a)thecommissionfoundanirregularityhappenedintheballotandtheMinisterconsidersthecircumstancesjustify the
payment; orPage 94Reprint 3
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13 Amalgamations and withdrawals[s 136](b)the commission certifies the applicant
acted reasonablyin applying for the inquiry; or(c)afterconsideringthecommission’sfindingsattheinquiry, it is
not just that the applicant should pay any ofthe costs.(3)The registrar must decide the amount
of the financial help.136Costs of fresh
ballot ordered by inquiry(1)Ifthecommissionordersafreshballotunderthispart,theState
must pay the costs of the fresh ballot.Example of a
cost—the cost of premises used for the
fresh ballot(2)In this section—fresh
ballot, for an amalgamation or withdrawal,
includes—(a)a step in a ballot; and(b)asafeguard,notallowedforundertherulesoftheorganisation or constituent part, for
a ballot or step in aballot.Division
15Amalgamation or withdrawal takingeffect137Who
may apply to fix a start day for amalgamation orwithdrawal(1)If an
amalgamation or alternative amalgamation is approvedunder
section 120, any of the organisations that approved theamalgamation or alternative amalgamation may
apply to thecommission to fix a start day for the
amalgamation.Reprint 3 effective 4 April 2011Page
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13 Amalgamations and withdrawals[s 138](2)Aconstituentpartthathasapprovedawithdrawalundersection 119(2)(b) may apply to the
commission to fix a startday for the withdrawal.138Fixing start day for amalgamation or
withdrawal(1)An amalgamation starts on the day
(theamalgamation day)fixedbythecommissionbynoticepublishedontheQIRCwebsite.(2)A
withdrawal starts on the day (thewithdrawal
day) fixed bythe commission by
notice published on the QIRC website.(3)However, the commission must not fix an
amalgamation dayor withdrawal day before—(a)the time for making an application for
an inquiry into analleged irregularity in a ballot has ended;
or(b)ifanapplicationmentionedinparagraph(a)hasbeenmade—the
application has been decided and the resultof any fresh
ballot ordered by the commission has beendeclared.(4)Before fixing an amalgamation day, the
commission must—(a)consultwiththeexistingorganisationsfortheamalgamationabouttheproposedamalgamationday;and(b)besatisfiedthattheproposedamalgamatedorganisation’s
rules comply with the Act; and(c)be
satisfied there are no pending proceedings, other thancivil
proceedings, against the existing organisations fora
contravention of—(i)the Act or another Act; or(ii)an industrial instrument; or(iii)an order made
under the Act or another Act.(5)Beforefixingawithdrawalday,thecommissionmustbesatisfiedtheproposednewlyregisteredorganisation’srulescomply with the Act.Page 96Reprint 3 effective 4 April
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13 Amalgamations and withdrawals[s 139](6)Ifthecommissionhasfixedanamalgamationdayorwithdrawal day by notice published on
the QIRC website, theregistrarmustpublishthenoticeinanewspapercirculatinggenerally
throughout the State.139Order to
apportion assets and liabilities on withdrawal(1)Ifthecommissionfixesawithdrawalday,thecommissionmust make the
orders necessary to apportion the assets andliabilitiesoftheamalgamatedorganisationbetweentheamalgamated organisation and the
proposed newly registeredorganisation.(2)In
making the order, the commission must consider—(a)the
assets and liabilities of the constituent part before it,ortheorganisationofwhichitwasabranch,wasderegisteredfortheformationoftheamalgamatedorganisation;
and(b)any change in the net value of those
assets or liabilitiesthat has happened since the
amalgamation; and(c)theinterestsofthecreditorsoftheamalgamatedorganisation.140Holding office after withdrawal(1)Anewlyregisteredorganisation’srulesmayallowforapersontoholdanelectedofficeintheorganisationiftheperson—(a)was
elected to an equivalent office in the constituent partof
the amalgamated organisation; and(b)held
the office immediately before the withdrawal dayfor
the constituent part.(2)However,therulesmaynotallowthepersontoholdtheoffice, without
an election, for more than the longer of—Reprint 3
effective 4 April 2011Page 97
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 141](a)the person’s unexpired office term
immediately beforethe withdrawal day; or(b)1
year after the withdrawal day.141Effect of amalgamation on commission
decisionsFrom the amalgamation day—(a)acommissiondecisionthatboundaproposedderegistering
organisation and its members immediatelybefore that day
binds the amalgamated organisation andits members;
and(b)a reference in a commission decision
to a deregisteredorganisationistakentoincludetheamalgamatedorganisation.Example for
paragraph (b)—Areferencetoanorganisation’sobligationtoaderegisteredorganisation is
taken to include the amalgamated organisation.142Effect of withdrawal on order of commission
or industrialinstrument(1)Thissectionappliestoanorderofthecommissionorindustrial instrument that,
immediately before the withdrawalday,boundtheamalgamatedorganisationinrelationtotheconstituentpartoftheorganisationandtheconstituentmembers.(2)Onandfromthewithdrawalday,theorderorindustrialinstrument—(a)bindsthenewlyregisteredorganisationanditsmembers; and(b)has
effect for all purposes as if references in the order orindustrialinstrumenttotheamalgamatedorganisationincludes
references to the newly registered organisation.Page
98Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 143]143Effect of amalgamation on
instruments(1)Fromtheamalgamationday,thefollowinginstrumentscontinue to have
effect—(a)an instrument that—(i)a deregistered organisation is a party
to; or(ii)wasgivento,by,orinfavourofaderegisteredorganisation;
or(iii)refers to a
deregistered organisation;(b)an instrument
under which—(i)moneyis,ormaybecome,payableto,orby,aderegistered organisation; or(ii)propertymaybedisposedofto,orby,aderegistered organisation.(2)For acts, omissions, transactions and
matters done on or afterthatday,theinstrumentappliesasifareferenceintheinstrument to a deregistered
organisation were a reference tothe amalgamated
organisation.144Effect of withdrawal on agreements,
arrangements orother instruments(1)This
section applies if an instrument other than an order of thecommission or an industrial
instrument—(a)operatedimmediatelybeforeawithdrawaldayforanewly registered
organisation; and(b)is an agreement, arrangement or other
instrument—(i)that applied to the amalgamated
organisation fromwhichaconstituentpartwithdrewtoformthenewly registered
organisation; or(ii)givento,orinfavourof,theamalgamatedorganisation;
or(iii)that refers to
the amalgamated organisation; orReprint 3
effective 4 April 2011Page 99
Industrial Relations Regulation 2000Part
13 Amalgamations and withdrawals[s 145](iv)underwhicharightorliabilityaccrues,ormayaccrue,totheamalgamatedorganisationfortheconstituent part and its
members.(2)The agreement, arrangement or other
instrument, as far as itscontextpermits,continuestooperateonandafterthewithdrawaldayasifareferencetotheamalgamatedorganisationincludesareferencetothenewlyregisteredorganisation.145Effect of amalgamation on pending
proceedings(1)This section applies if a deregistered
organisation was a partytoapendingproceedinginacourtortribunalimmediatelybefore the
amalgamation day.(2)Theamalgamatedorganisationissubstitutedforeachderegistered organisation as a party
to the proceeding.(3)Theproceedingmustcontinueasiftheamalgamatedorganisationwere,andhadalwaysbeen,thederegisteredorganisation.146Effect of withdrawal on pending
proceedings(1)This section applies if—(a)an amalgamated organisation from which
a constituentpartwithdrewtoformanewlyregisteredorganisationwas, immediately
before the withdrawal day, a party toproceedings in a
court or tribunal; and(b)the proceedings
were—(i)pending on the withdrawal day;
and(ii)whollyorpartlyabouttheconstituentmembers’interests.(2)Onandfromthewithdrawalday,thenewlyregisteredorganisation—Page 100Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Part
14 Declarations for Commonwealth Act, section 14(2)[s
147](a)iftheproceedingwaswhollyabouttheconstituentmembers’
interests—is substituted for the amalgamatedorganisation;
or(b)iftheproceedingwaspartlyabouttheconstituentmembers’
interests—becomes a party.(3)Onandfromthewithdrawalday,thenewlyregisteredorganisationhasthesamerightsandobligationsastheamalgamated organisation.147Amalgamated organisation to carry out
amalgamationAn amalgamated organisation for a completed
amalgamationmust take all necessary steps to carry out
the amalgamationunder this part.Part 14Declarations forCommonwealth Act,
section14(2)148Declarations(1)ThissectionappliesforthepurposeoftheCommonwealthAct, section
14(2).(2)Each of the employers mentioned in
schedule 7A are declarednot to be a national system employer
for the purposes of theCommonwealth Act, section
14(2).Note—Thelocalgovernmentlistedinschedule7A,part2,oppositeeachdeclaredemployeristhebodytowhichtheCommonwealthAct,section 14(2)(a)(ii) applies of which the
declared employer is a whollyowned subsidiary
(within the meaning of the Corporations Act) or bywhich
the declared employer is wholly controlled.(3)Intheschedule,parts1and2,areferencetoanActunderwhichanemployerwasestablishedincludes,iftheActReprint 3 effective 4 April 2011Page
101
Industrial Relations Regulation 2000Part
15 General[s 149]continued the
employer in existence, a reference to any law byor
under which the employer was originally established.Part
15General149Certificate of employment on
termination—Act, s 700(1)For section
700(1) of the Act, a certificate of employment ontermination must include the following
particulars—(a)the employee’s full name and
address;(b)adescriptionofthetradeoroccupationinwhichtheemployee was employed;(c)thedatesonwhichtheemployeestartedandfinishedemployment with
the employer;(d)the address of the workplace at which
the employee wasemployed.(2)The
certificate must be signed and dated by the employer.150RepealsTheIndustrialOrganisationsRegulation1997SLNo.282and
theWorkplace Relations Regulation 1997SL
No. 78 arerepealed.Page 102Reprint 3 effective 4 April
2011
Schedule 3Industrial
Relations Regulation 2000Schedule 3Model election
rulessection 35Part 1Definitions1DefinitionsIn these
rules—ballot boxmeans a ballot
box kept under section 15.candidate, for an
election, means a person—(a)whohasnominatedasacandidatefortheofficetheelection is about; and(b)whose
nomination has been accepted under section 6(3);and(c)whose nomination
has not been withdrawn.eligible membermeans a person
who was a financial memberoftheorganisation30daysbeforethestartingtimefornominations.higher
officemeans—(a)for
the office of management committee member—anyoffice other than
the office of trustee; or(b)fortheofficeofassistantsecretary—theofficeofsecretary, vice-president or
president; or(c)for the office of secretary—the office
of vice-presidentor president; or(d)for
the office of vice-president—the office of president.initialledbythemanagerofanelectionincludesbeingmarked with a
facsimile of the manager’s initials.membermeans
a member of the organisation.return
envelopesee section 14(1)(b).Reprint 3
effective 4 April 2011Page 103
Industrial Relations Regulation 2000Schedule 3roll, for
an election, means the roll of voters prepared for theelection under section 10.scrutineermeans—(a)a candidate who acts personally as a
scrutineer; or(b)a person appointed as a scrutineer for
a candidate undersection 21.secretarymeans—(a)the
person holding office as the organisation’s secretary;or(b)another officer
of the organisation, however described,who has the
functions of the organisation’s secretary.trusteemeanstheofficeofapersonholding,whetherastrustee or otherwise, property—(a)of the organisation; or(b)that the organisation has a beneficial
interest in.votermeans a
person—(a)who is an eligible member; and(b)whose name is on the roll under
section 10.voting materialsee section
14(1).Part 2Manager of
election2Manager of election—functions and
powers(1)The manager of an election—(a)must not influence, or attempt to
influence, the outcomeof the election; and(b)must conduct the election under these
rules; and(c)maytaketheaction,andgivethedirections,themanager considers reasonably necessary to
ensure thatPage 104Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 3the processes
under which the election is conducted aretransparent;
and(d)mustensuresuitablearrangementsaremadewithAustralia Post
for the return of ballot papers to a box orlocked bag at a
post office.(2)The manager of an election other than
an electoral officer maytake the action, and give the
directions, the manager considersreasonably
necessary—(a)to ensure no irregularities happen in
the election; or(b)toremedyaproceduraldefectthatappearstothemanager to exist about the
election.Note—See the Act,
section 485 (Action or directions by electoral officer) forthe
actions and directions an electoral officer may take or
give.(3)To ensure the integrity of an
election, the address for return ofballotpapersmustnotbetheorganisation’susualpostaladdress.Part
3Pre-election procedures3Closing day and time for nominations(1)Themanageroftheelectionmustfixtheopeningdayandclosing day for nominations for
office.(2)The closing day must be at least 28
days after notice is givenunder section 5.(3)Nominations open at midday on the opening
day and close atmidday on the closing day.4Starting and finishing days of
ballot(1)If a ballot becomes necessary under
section 8, the manager ofthe election must fix the start and
finish days for the ballot todecide the result
of the election.Reprint 3 effective 4 April 2011Page
105
Industrial Relations Regulation 2000Schedule 3(2)Thestartdaymustnotbebeforetheclosingdayfornominations for the offices to be
filled at the election.5Calling for
nominations(1)The manager of the election must call
for nominations for theofficestobefilledbynoticegiventomembersin1ofthefollowing ways—(a)by
post to each member at the address recorded in themembers register;(b)if
the organisation publishes a journal or newsletter thatit
gives to its members free of charge, by advertisementin
the journal or newsletter;(c)in a daily
newspaper circulating in the area where theorganisation’s
members live or work.(2)The notice must
state—(a)the opening day for nominations;
and(b)the closing day for nominations;
and(c)that nominations for office—(i)open at midday on the opening day;
and(ii)close at midday on the closing day;
and(d)who may nominate as a candidate in the
election; and(e)that nominations for office must be
written, signed bythenomineeandgiventothemanagerbeforenominations close; and(f)the
starting and finishing days for a ballot to decide theresult of the election if a ballot becomes
necessary undersection 8; and(g)that
only a person who was a financial member 30 daysbefore the opening time for nominations may
vote in theelection; and(h)thattheballotwillbedecidedbyafirst-past-the-postsystem of
voting.Page 106Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 36Nomination procedure(1)Anominationforofficemustbewritten,signedbythenomineeandgiventothemanageroftheelectionbeforenominations close.(2)A
person may nominate for more than 1 office.Note—For what happens when a person
nominates for more than 1 office, seesections 9
(Election without ballot) and 30 (What happens if multiplenominee elected).(3)The
manager must accept a nomination if—(a)it
complies with subsection (1); and(b)the
nominee is an eligible member.(4)Acandidatemaywithdrawthecandidate’snominationbywritten notice given to the manager no
later than 7 days afternominations close.7What
happens if a nomination is defective(1)The
manager of the election must reject a nomination given tothe
manager of the election after nominations have closed.(2)If a nomination for an office is
defective, other than becausethe nominee is
not qualified to hold the office or because thenominationwasmadeaftertheclosingtime,themanagermust—(a)reject it; and(b)give
the nominee notice of the defect; and(c)ifpracticable,givethenomineeanopportunitytoremedy the defect.(3)Ifpracticable,thenoticemustbegivenbeforenominationsclose.(4)Failure to give the notice does not
invalidate the election.Reprint 3 effective 4 April 2011Page
107
Industrial Relations Regulation 2000Schedule 38When
a ballot must be heldIf there are more candidates for
election to an office than thenumbertobeelected,themanagermustconductasecretpostal ballot
under part 4.9Election without ballotThe
manager of the election must declare a candidate electedto an
office if—(a)nominations have closed; and(b)the candidate does not hold another
office; and(c)the candidate has—(i)not
nominated for a higher office; or(ii)nominated for a higher office and is not
elected tothe higher office; and(d)iftheelectionisforpresidentorsecretary—thecandidate is the
only candidate; or(e)if the election is for another type of
office—the numberof candidates for the office is not more
than the numberofofficesofthesametypetobeelectedatthesametime.Part 4Conducting ballotsDivision 1General10Roll—preparation(1)Arollforaballotmustbepreparedatthedirectionofthemanager of the election.Page
108Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 3(2)The
manager must ensure the roll—(a)states—(i)the
name of each person who is an eligible memberof the
organisation in alphabetical order; and(ii)eacheligiblemember’saddress,oppositetheirname; and(b)is completed when nominations for the
election close.(3)The organisation must give the
manager—(a)a copy of its members register;
and(b)accesstotheorganisation’srecordsreasonablynecessary for the
manager to ensure the roll is accurate.11Roll—inspection(1)Themanageroftheelectionmustmaketherollfortheelection
available for inspection—(a)in the period
that—(i)starts on the day after the roll must
be completedunder section 10; and(ii)ends30daysaftertheresultoftheelectionisdeclared; and(b)at
the manager’s office when it is open for business.(2)A candidate, member or a person
authorised by the managermay inspect the roll, free of
charge.(3)If, during the period stated in
subsection (1), a candidate ormember asks for a
copy of the roll or a stated part of the roll,the manager must
give the person the copy, free of charge.12When
someone can claim a right to vote(1)Despite section 10(2), if an eligible
member’s name does notappear on the roll, the member may
apply to the manager ofthe election to have the member’s name
included on the roll.Reprint 3 effective 4 April 2011Page
109
Industrial Relations Regulation 2000Schedule 3Note—Theapplicationmustbewritten.Seesection704(Noticesandapplications to be written) of the
Act.(2)If the manager is satisfied the
applicant is an eligible member,the manager must
include the applicant’s name on the roll.Division 2Voting material13Ballot papers(1)A
ballot paper for the election must—(a)haveawatermarkorotherdistinctivepatternthatpreventsitfrombeingreproducedotherthanbythemanager or a
person authorised by the manager; and(b)be of
paper that will hide a vote marked on it from viewwhen
it is folded once; and(c)beadifferentcolourfromthecolourusedforballotpapersatthe2previouselectionsheldfortheorganisation;
and(d)listthenamesofeachcandidateonceonlyforeachoffice the election is for, with the surname
first, followedby the candidate’s other names; and(e)state how the voter may vote;
and(f)statethatthevotermustfillinandsignthevotingdeclaration or the vote will not be counted;
and(g)state that the voter must return the
ballot paper to themanager so it is received on or before the
finish day ofthe ballot.Note—See section 42 of this regulation
(Ballot security) for other requirementsfor ballot
papers.(2)The order of names on the ballot paper
must be decided by lot.Page 110Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 3(3)If2ormorecandidateshavethesamesurnameandfirstnames, the
candidates must be distinguished in an appropriateway.Example—The occupation of each candidate may
be added to the ballot paper.14Distributing voting material(1)The manager of the election must post
the following things(thevoting
material) to each voter—(a)a
ballot paper initialled by the manager;(b)anunsealedreplypaidenvelope(areturnenvelope)addressed to the manager;(c)a ballot envelope and a voting
declaration;(d)other material the manager considers
appropriate for theballot including, for example, directions or
notes to helpthe eligible member to comply with these
rules and casta valid vote.(2)Voting material must be posted to each
voter—(a)in a sealed envelope to the voter’s
address on the roll;and(b)as soon as
practicable, but no earlier than 2 days beforethe starting day
of the ballot.(3)Thevotingdeclarationmuststate‘IcertifythatIamtheperson whose name appears on this envelope
and I have votedon the ballot paper enclosed.’.(4)If a voter gives the manager a notice
that the voter will be atanaddressotherthantheaddressstatedontherollwhenvotingmaterialistobegiven,themanagermustpostthematerial to the
other address.(5)Before posting voting material to a
voter, the manager mustmark a ballot number for each voter
on—(a)the roll against the voter’s name;
and(b)the declaration form.Reprint 3 effective 4 April 2011Page
111
Industrial Relations Regulation 2000Schedule 3(5A)The
manager must give each voter a different ballot number.(6)The ballot numbers must start with a
number chosen by themanager.(7)A
ballot paper or ballot envelope must not be marked in a waythat
could identify the voter.15Manager must keep
a ballot boxThe manager must get a ballot box
and—(a)keep the box in a safe place;
and(b)seal the box in a way that—(i)allows voting material to be put in it
until the ballotfinishes; and(ii)prevents voting material from being taken
from ituntil votes for the ballot are to be
counted.16Duplicate voting material(1)This section applies if voting
material posted to a voter—(a)has not been
received by the voter; or(b)has been lost or
destroyed; or(c)if the document is a ballot paper—has
been spoilt.(2)Thevotermayapplytothemanageroftheelectionforaduplicate of the document.(3)The application must—(a)be received by the manager on or
before the finish dayof the ballot; and(b)state
the grounds on which it is made; and(c)if
practicable, be substantiated by evidence verifying ortending to verify the grounds; and(d)state that the voter has not voted at
the ballot; and(e)ifthedocumentisaspoiltballotpaper—beaccompanied by
the ballot paper.Page 112Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 3(4)If
the application complies with subsection (3), the managermust—(a)if
the document is a spoilt ballot paper—(i)mark
‘spoilt’ on the paper; and(ii)initial the paper
beside that marking and keep thepaper; and(iii)give a fresh
ballot paper to the voter; or(b)otherwise—giveaduplicateofthedocumenttothevoter.Division 3Voting17How
long ballot is openA ballot must remain open for—(a)at least 21 days; and(b)no longer than 49 days.18How to voteA voter may vote
only by completing the following steps—(a)completing a ballot paper by—(i)writing a tick or cross in the square
opposite thenameornamesofthenumberofcandidatesthevoter
may vote for under section 19; and(ii)complying with the instructions on the paper
abouthow to vote;(b)putting the ballot paper in a ballot
envelope;(c)sealing the ballot envelope;(d)filling in and signing the voting
declaration for the ballotpaper;(e)putting the voting declaration and the
ballot envelope inthe return envelope;Reprint 3
effective 4 April 2011Page 113
Industrial Relations Regulation 2000Schedule 3(f)sealing the return envelope;(g)complyingwithanydirectiongivenundersection14(1)(d);(h)returningthereturnenvelopetothemanageroftheelection so that
the envelope is received on or before thefinish day for
the ballot.19How many votes may be castA
voter may vote for only the following number of candidateson a
ballot paper—(a)for an election for president or
secretary—1 candidate;(b)for an election
for another type of office—the number ofcandidates that
is not more than the number of offices ofthe same type to
be elected at the same time.Division 4Counting and scrutiny of votes20How manager must deal with voting
material(1)Themanageroftheelectionmustputallvotingmaterialreturnedtothemanagerintheballotboxuntilvotinghasended.(2)If,afterthefinishingdayfortheelection,themanagerreceivesareturnenvelopeapparentlycontainingaballotpaper for the
election, the manager must—(a)keep the envelope
sealed; and(b)mark the envelope ‘Received by the
manager after thefinishing day for the ballot’; and(c)keep the envelope in safe custody, but
separately fromreturn envelopes received before or on the
finishing day.Page 114Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 321Scrutineers—appointment(1)A
candidate may—(a)act personally as a scrutineer;
or(b)appoint another person (anappointee) as a scrutineer
forthe candidate.(2)Anappointmentmustbeinwritingandsignedbythecandidate.(3)Acandidatemustnotifythemanageroftheelectionofthename of the candidate’s appointee as
soon as possible after theappointee is appointed.(4)Themanagermayrefusetoallowanappointeetoactasascrutineer if—(a)themanageraskstoinspecttheappointmentasascrutineer; and(b)the
appointee does not produce it.22Scrutineers’ rightsSubject to
section 23, a scrutineer may be present when—(a)ballotpapersorothervotingmaterialforaballotareprepared and given to voters; and(b)voting material is received and put in
safe custody undersection 20; and(c)votes
are counted.23Scrutineers—numbers attending(1)Each candidate may have only 1
scrutineer exercising a rightunder section 22
for each official present where the ballot isbeing
conducted.(2)In subsection (1)—officialmeans—(a)iftheballotisbeingconductedbytheelectoralcommission—an electoral officer; orReprint 3 effective 4 April 2011Page
115
Industrial Relations Regulation 2000Schedule 3(b)iftheballotisnotbeingconductedbytheelectoralcommission—(i)the
manager of the election; or(ii)anyotherpersonappointedbythemanagertoexercise the manager’s powers for the
election.24Initial scrutiny of voting
material(1)As soon as possible after the ballot
finishes, the manager ofthe ballot must—(a)seal
the ballot box in a way that prevents voting materialfrom
being put in it; and(b)take the ballot box to the place where
votes are to becounted.(2)The
manager must then—(a)unseal the ballot box; and(b)take out the return envelopes;
and(c)openeachreturnenvelopeandtakeouttheballotenvelope and the
voting declaration; and(d)examine the
declaration and mark off the voter’s nameon the roll;
and(e)check the ballot number on the
declaration against theballot number marked against the
voter’s name on theroll; and(f)ensure the declaration is signed.(3)Aftercomplyingwithsubsection(2),themanagermustputthe ballot envelopes in a container
and the declarations intoanother container if satisfied—(a)each declaration is signed; and(b)the ballot number on each declaration
corresponds withthe ballot number marked beside the voter’s
name on theroll.(4)However,themanagermustnotputaballotenvelopeordeclaration in the containers
mentioned in subsection (3) if—Page 116Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 3(a)themanagerreasonablybelievesthevotertowhomitwas sent did not
sign the declaration; or(b)the person named
on the declaration is not the person towhom it was
sent.(5)Subsection (4) does not apply if the
manager is satisfied theperson who filled in and signed the
declaration—(a)is a voter; and(b)has
not previously voted in the ballot; and(c)has a
reasonable explanation for using someone else’sballot
material.(6)Themanagermustkeepballotenvelopesanddeclarationsexcludedundersubsection(4)separatefromotherballotenvelopes and declarations.(7)A declaration is valid only if—(a)it complies with subsection (3)(a) and
(b); and(b)subsection (4) does not apply.(8)A valid declaration must be accepted
as valid, and an invaliddeclaration must be rejected, by the
manager.(9)Ifadeclarationisacceptedasvalidbythemanagerthemanager must—(a)note
the acceptance of validity on the declaration; and(b)record the correct ballot number on
the roll against thename of the voter who signed the
declaration.(10)Afterseparatingtheballotenvelopesanddeclarations,themanager must, in the following order—(a)seal the container holding
declarations;(b)open the ballot envelopes not excluded
under subsection(4) and take out the ballot papers;Reprint 3 effective 4 April 2011Page
117
Industrial Relations Regulation 2000Schedule 3(c)if a
ballot envelope contains more than 1 ballot paper foreach
office the election is for—mark each of the ballotpapersfromtheenvelope‘informalundersection25(2)(e)’;(d)put
all of the ballot papers in the ballot box.25Counting votes(1)To
count votes the manager of the election must—(a)admit
the formal votes and reject the informal votes; and(b)count the formal votes, and record the
number for eachcandidate; and(c)count
the informal votes.(2)A vote is informal only if—(a)the ballot paper is not initialled by
the manager and themanager is not satisfied the paper is
authentic; or(b)the ballot paper is marked in a way
that allows the voterto be identified; or(c)theballotpaperisnotmarkedinawaythatmakesitclear
how the voter meant to vote; or(d)the
ballot paper does not comply with a direction givenunder
section 14(1)(d); or(e)the ballot paper was taken from a
ballot envelope thatcontained another ballot paper for the
office the electionis for.26Scrutineers’ objections(1)Beforevotesarecounted,ascrutineermayadvisethemanager that the scrutineer considers an
error has been madein conducting the ballot.(2)When votes are counted, a scrutineer
may—(a)objecttoaballotpaperbeingadmittedasformalorrejected as informal by the manager of the
election; orPage 118Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 3(b)advisethemanageroftheelectionthatthescrutineerconsidersanerrorhasbeenmadeinconductingtheballot or counting votes.(3)Ifascrutineeradvisesthemanagerundersubsection(1)or(2)(b), the manager must—(a)decide whether the error has been
made; and(b)ifappropriate—directactiontocorrectormitigate theerror.(4)Ifascrutineerobjectsundersubsection(2)(a),themanagermust—(a)decidewhethertheballotpaperistobeadmittedorrejected; and(b)note
the decision on the ballot paper and initial the note.27Direction by manager to leave
countThe manager of the election may direct a
person to leave theplace where votes are being counted if the
person—(a)does not have the right to be present
at the count; or(b)interrupts the count, other than to
exercise a scrutineer’sright.Division 5Election result28How
result is decided(1)Themethodofdecidingtheresultofaballotisbyafirst-past-the-post system.(2)If only 1 office of the same type is
to be filled in an election,the candidate
with the most formal votes is elected.(3)Ifmorethan1officeofthesametypeistobefilled,thatnumberofcandidatescorrespondingwiththenumberofReprint 3 effective 4 April 2011Page
119
Industrial Relations Regulation 2000Schedule 3officestobefilledwhohavethemostformalvotesareelected.(4)This
section is subject to sections 29 and 30.29What
happens if votes for 2 or more candidates are equal(1)If the manager can not decide which
candidate is elected to anofficebecausethevotescastfor2ormorecandidatesareequal,themanageroftheelectionmustdecidewhichcandidate is elected by drawing lots.(2)A decision under subsection (1) must
be made in the presenceof any scrutineer who wishes to
attend.30What happens if multiple nominee
electedIf a candidate is elected to an office,
other than as a trustee,andthecandidateisalsoelectedtoahigheroffice,themanageroftheelectionmayonlydeclarethecandidateelected to the
higher office.Page 120Reprint 3
effective 4 April 2011
Schedule 4Industrial
Relations Regulation 2000Schedule 4Prescribed
accountssection 44Part 1Income and expenditureDivision 1Income and expenditure account1Income and expenditure accountAn
income and expenditure account consisting of—(a)astatementofalltheorganisation’sincomeandexpenditure for the year; and(b)the particulars stated in—(i)for income—sections 2 to 13; or(ii)for expenditure—sections 14 to
32.Division 2Particulars of
income2Entrance fees or membership
contributionsTheamountpaidtotheorganisationasentrancefeesorcontributions for membership of the
organisation.3Payments from a branch to an
organisationThe amount received, or receivable, by the
organisation froma branch of the organisation that keeps
accounting records andaccountsseparatefromtheorganisation’saccountsandaccounting records.Reprint 3 effective 4 April 2011Page
121
Industrial Relations Regulation 2000Schedule 44Payments from an organisation to a
branchTheamountreceived,orreceivable,byabranchthatkeepsaccountingrecordsandaccountsseparatefromitsorganisation’saccountsandaccountingrecordsfromtheorganisation.5Compulsory levies or voluntary
contributionsIf members of the organisation paid, or were
liable to pay, acompulsorylevythattheorganisationraised,ormadeavoluntarycontributiontotheorganisationforaparticularpurpose—(a)the purpose of the levy or
contribution; and(b)the total paid by the organisation’s
members for the levyor contribution.6Donations or grantsThe amount
donated or granted to the organisation, other thanvoluntary contributions under section
5.7InterestThe amount paid
to the organisation as interest.8DividendsThe amount paid
to the organisation in dividends.9RentThe amount—(a)paid
to the organisation as rent; and(b)payable to the organisation as rent that the
organisationconsiders is likely to be recovered.Page
122Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 410Other
investment incomeThe amount paid, or payable, to the
organisation as incomefrominvestingorusingitsassets,otherthaninterest,dividends or
rent.11SurplusIf the
organisation’s income was more than its expenditure, byhow
much.12Profit on sale or revaluationIf an
asset of the organisation was sold or revalued and theoutcomeofthesaleorrevaluationwasaprofittotheorganisation of more than $1000, the
amount of the profit.13Sundry
incomeAnamountpaidtotheorganisationasincomethatisnotmentioned
elsewhere in this division.Division 3Particulars of expenditure14Affiliation feesTheamounttheorganisationincurredforfeesandperiodiccontributions for
its affiliation to—(a)a political party; or(b)afederation,congress,councilorgroupoforganisations; or(c)aninternationalbodyhavinganinterestinindustrialmatters.15Payments by organisation to branch for
servicesThe amount paid, or payable, by the
organisation to a branchoftheorganisationthatkeepsaccountsandaccountingReprint 3
effective 4 April 2011Page 123
Industrial Relations Regulation 2000Schedule 4recordsseparatefromtheorganisation’saccountsandaccounting records in return for a
service rendered, or to berendered, by the branch.16Payments by branch to organisation for
servicesThe amount paid, or payable, by a branch
that keeps accountsandaccountingrecordsseparatefromitsorganisation’saccounts and
accounting records to the organisation in returnfor a
service rendered, or to be rendered, by the organisation.17Compulsory leviesThe amount the
organisation incurred for compulsory leviesimposed on
it.18Donations or grantsThe
amount the organisation donated or granted.19Officers’ and employees’ remunerationThe
total amount the organisation incurred for its officers’ andemployees’ remuneration.20Representatives’ fees or allowancesThe
amount the organisation incurred for fees or allowancesfor
its representatives to attend conferences or other meetings,other
than fees or allowances included in the representative’sremuneration.21Professional services(1)Theamounttheorganisationincurredforprofessionalservices.(2)In this section—professional
serviceincludes an audit and a legal
service.Page 124Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 422Administrative costsAdministrativecoststheorganisationincurred,otherthanadministrative costs mentioned elsewhere in
this division.23Interest on loans and asset management
costsThe interest incurred on loans to the
organisation and othercosts incurred in controlling or
managing its assets.24RentRent paid or
payable by the organisation.25Provision for depreciationTheamounttheorganisationsetasidetoprovidefordepreciation or amortisation on investments
and fixed assets.26PenaltiesThe penalties
imposed on the organisation under the Act.27Loss
on sale or revaluationIf an asset of the organisation was
sold or revalued and theoutcomeofthesaleorrevaluationwasalosstotheorganisation of more than $1000, the
amount of the loss.28DeficitIf the
organisation’s expenditure was more than its income, byhow
much.29Payments by organisation to branch
other than forservicesThe amount paid
or payable by the organisation to a branch ofthe organisation
that keeps accounts and accounting recordsseparatefromtheorganisation’saccountsandaccountingReprint 3
effective 4 April 2011Page 125
Industrial Relations Regulation 2000Schedule 4records, if the
amount paid or payable is not in return for aservice rendered
or to be rendered by the branch.30Payments by branch to organisation other
than forservicesThe amount paid
or payable by a branch that keeps accountsandaccountingrecordsseparatefromitsorganisation’saccountsandaccountingrecordstotheorganisation,iftheamount paid or payable is not in
return for a service renderedor to be rendered
by the organisation.31Bad debtsThe
organisation’s—(a)bad debts that were written off;
and(b)provision for doubtful debts.32Sundry expenditureAnamountpaidbytheorganisationthatisnotmentionedelsewhere in this division.Part
2Assets and liabilitiesDivision 1Balance sheet33Balance sheetA balance sheet
consisting of—(a)a statement of the organisation’s
assets and liabilities atthe end of the year; andPage
126Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 4(b)the
particulars stated in—(i)fortheorganisation’sassetsattheendoftheyear—sections 35
to 45; or(ii)fortheorganisation’sliabilitiesattheendoftheyear—sections 46 to 52; and(c)ifsection34applies—theinformationorexplanationunder section
34(3).34Value of non-current assets must not
be misleading(1)This section applies if—(a)inworkingoutthevalueofanorganisation’snon-current
assets, the value of a non-current asset wascalculated at
more than its market value; and(b)the
organisation’s assets and liabilities account does notadequately provide for writing down the
asset’s value.(2)Anassetiscalculatedatmorethanmarketvalueif,havingregardtotheasset’svaluetotheorganisationasagoingconcern, the
calculation is more than the amount that it wouldhave
been reasonable for the organisation to spend to acquirethe
asset as at the end of the financial year.(3)The
account must include information, or an explanation, thatpreventstheaccountfrombeingmisleadingbecauseofthecalculation at more than market
value.Division 2Particulars of
assets35Value of current assets(1)The value of the organisation’s
current assets.(2)For current assets, any difference
between the assets’ currentbook value and the amount that is
expected to be realised oncurrent realisation of the
assets.Reprint 3 effective 4 April 2011Page
127
Industrial Relations Regulation 2000Schedule 436Cash
in handThe amount of the organisation’s cash in
hand.37Cash at financial institutionsThe
amount of the organisation’s cash at financial institutions.38PrepaymentsThe amount of the
organisation’s prepayments.39Accounts and
loans receivableThe organisation’s accounts, and loans,
receivable.40Public investmentsThe book value of
the organisation’s public investments.41Non-public investmentsThe book value of
the organisation’s investments, other thanpublic
investments.42Non-current assetsThe book value of
each of the organisation’s—(a)non-current
assets, other than land; and(b)land.Note—Under theActs
Interpretation Act 1954, section 36, definitionland, landincludes any
interest in land.43Investments from special
accountsIftheorganisationinvestedthewholeorpartofaspecialaccount in
assets, the total book value of the assets.Page 128Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 444Other
account balancesThetotalofthebalancesoftheorganisation’saccountsrequired to be operated under its rules,
other than the generalaccount or a special account.45General account balanceThe
balance of the general account.Division 3Particulars of liabilities46Current and non-current
liabilitiesThe organisation’s current and non-current
liabilities.47Rent payableRent payable by
the organisation but not yet paid.48Accounts payable other than for rentThe
organisation’s accounts payable other than for rent.49Loans payableThe loans payable
by the organisation.50Provision for long service leave
entitlementsThe amount the organisation has provided for
its employees’and officers’ long service leave
entitlements.51Provision for annual leave
entitlementsThe amount the organisation has provided for
its employees’and officers’ annual leave
entitlements.Reprint 3 effective 4 April 2011Page
129
Industrial Relations Regulation 2000Schedule 452Provision for superannuation or retirement
benefitsTheamounttheorganisationheldtoprovideforitsemployees’andofficers’superannuationorretirementbenefits.Part
3Notes to accounts53Notes(1)An
organisation must include with accounts prepared underparts
1 and 2 notes to the accounts that explain the methods bywhich
the accounts have been prepared.(2)The
notes must include—(a)significantpoliciesadoptedinthepreparationoftheaccounts; and(b)themethodbywhichthebookvalueofanassetorliability was determined.54Amounts to be included with
notesAn organisation must include with the
notes—(a)the amount of any difference between
the book value ofan organisation’s non-current assets and the
amount thatis expected to be realised on current
realisation of theasset; and(b)thetotalamountoftheorganisation’scontingentliabilitiesthatareabletobereliablyestimated,otherthan a liability
mentioned in part 2, division 3; and(c)the
amount of the contingent liabilities that were—(i)secured by the organisation’s assets;
and(ii)unsecured.Page 130Reprint 3 effective 4 April
2011
Schedule 5Industrial
Relations Regulation 2000Schedule 5Matters for
account certificatessection 45Part 1Accounting officer’scertificates1Number of members(1)Howmanymemberstheorganisationhadattheendoftheyear.(2)How many of the members were—(a)financial; and(b)not
financial.(3)In subsection (2)—financialmeans
the member who has paid all subscriptions,dues, or other
money for membership or membership renewalof the
organisation.2Financial affairsWhether the
officer considersthe accounts show a true andfair
view of an organisation’s financial affairs at the end of
theyear.3Members’ paymentsWhether the
officer considers—(a)a record was kept of all amounts paid
by, or collectedfrom, the organisation’s members; and(b)all amounts so paid or collected have
been credited to afinancial institution account to which the
amounts mustbe credited under the organisation’s
rules.Reprint 3 effective 4 April 2011Page
131
Industrial Relations Regulation 2000Schedule 54Approval for expendituresWhethertheofficerconsiderseachexpenditurebytheorganisation,wasapprovedundertheorganisation’srulesbefore it was incurred.5Payments from special accountsIf
the organisation kept a special account, whether the officerconsiders—(a)anypaymentwasmadefromaspecialaccountoftheorganisationotherthanforthepurposeforwhichtheaccount was operated; and(b)if a payment was so made, it was
approved under theorganisation’s rules.6Loans
and financial benefitsWhethertheofficerconsidersallloansorotherfinancialbenefitstheorganisationgavetoitsemployeesorofficerswere allowed
under the organisation’s rules.7Members registerWhethertheofficerconsiderstheorganisation’smembersregister was kept under the Act.Part
2Management committeecertificates8Financial affairsWhether the
management committee considers the accountsshow a true and
fair view of the organisation’s financial affairsat
the end of the year.Page 132Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 59Organisation’s solvency(1)Whetherthecommitteeconsiderstheorganisationwassolvent during—(a)the
whole of the year; or(b)only part of the
year.(2)If the organisation was solvent for
only part of the year, whatpart of the year.(3)In
this section—solventmeans the
organisation is able to pay its debts as andwhen they become
due and payable.10Management committee meetingsWhetherthecommitteeconsidersthemanagementcommittee’smeetingswereheldundertheorganisation’srules.11Whether records have not been given
under Act or rules(1)Whetheracommitteememberknowsifanyoftheorganisation’srecordsorrules,orcopiesofthem,havenotbeen given to the organisation’s
members as required by theAct, this regulation or the
rules.(2)In this section—recorddoesnotincludeadocumentcontaininginformationgiven to a member
of the organisation under section 556 ofthe Act.12Audit report and accounts for the last
financial yearWhethertheauditreportandrelevantaccountsfortheorganisation’s
financial year immediately before the year theaccounts are
about have been—(a)presented to a presentation meeting of
the organisationunder section 565 of the Act; and(b)given to its members under section 566
of the Act.Reprint 3 effective 4 April 2011Page
133
Industrial Relations Regulation 2000Schedule 6Schedule 6Prescribed information forprevious financial year—Act,section 556section
471Donations or grants to
organisationIf a donation or grant of more than $1000
was given to theorganisation—(a)the
amount of the donation or grant; and(b)if it
was made for a stated purpose—the purpose.2Donations or grants by organisationIf a
donation or grant totalling more than $1000 was made bythe
organisation—(a)the amount of the donation or grant;
and(b)its purpose; and(c)if it
was not a donation or grant under section 431 of theAct—the name and address of the person the
donationor grant was made to.3Officer’s remunerationThe remuneration
paid to an officer of the organisation.4Profit or loss on sale or revalueIf an
asset of the organisation was sold or revalued and theoutcome of the sale or revaluation was a
profit or loss to theorganisation of more than
$1000—(a)a description of the asset; andPage
134Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 6(b)if
the asset was revalued—the reason for the revaluation;and(c)the amount of the
profit or loss.5Loans by organisationIf
the organisation made a loan of more than $1000—(a)the amount of the loan; and(b)the purpose of the loan; and(c)the security given for the loan;
and(d)if the loan was not a loan under
section 431 of the Act—(i)the borrower’s
name and address; and(ii)the repayment
arrangements for the loan.6Loans to
organisationIf the organisation received a loan of more
than $10000—(a)the amount of the loan; and(b)the purpose of the loan; and(c)the security given for the loan;
and(d)the lender’s name and address;
and(e)the repayment arrangements for the
loan.7Non-public investments(1)The amount the organisation invested
during the year, otherthan in public investments.(2)Iftheorganisationheldaninvestment,otherthanapublicinvestment, at the end of the year whose
book value was thenmore than the prescribed amount—(a)a description of the investment;
and(b)the book value of the investment at
the end of the year;andReprint 3 effective 4 April 2011Page
135
Industrial Relations Regulation 2000Schedule 6(c)iftheorganisationstatedamarketvaluefortheinvestmentattheendoftheyearinitsaccountsoraccounting records for the year—the
stated value.(3)In this section—prescribed
amountmeans the larger of—(a)$1000; or(b)20%ofthetotalbookvalueoftheorganisation’sinvestments other
than public investments.8Contingent
liabilitiesIf the organisation had a contingent
liability at the end of theyear that had then been calculated by
the end of the year andwasmorethan5%ofthenetvalueoftheorganisation’sassets—(a)the amount of the liability;
and(b)a description of the liability.Page
136Reprint 3 effective 4 April
2011
Schedule 7Industrial
Relations Regulation 2000Schedule 7Percentage of
gross amountpayable to model or performersection 17BColumn 1WorkColumn 2Percentage
ofgrossamount
payable1All work, other than work mentioned in
item2 . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .10%2For
work involving live theatre, a live musicaloralivevarietyperformancebutnotinvolving film, television or
electronic media,for any period after 5 weeks. . .
. . . . . . . . . .5%Reprint 3 effective 4 April 2011Page
137
Industrial Relations Regulation 2000Schedule 7ASchedule 7AEmployers declared not to benational system employerssection 148Part 1Employers mentioned in theCommonwealth Act, section14(2)(a)(i)1Australian Agricultural College
Corporationestablished under theAgricultural
College Act 20052Library Board of Queenslandestablished under theLibraries Act
19883Queensland Art Gallery Board of
Trusteesestablished under theQueensland Art
Gallery Act 19874Queensland Building Services
Authorityestablished under theQueensland
Building Services AuthorityAct 19915Queensland Museum Board of
Trusteesestablished under theQueensland
Museum Act 19706Residential Tenancies AuthorityestablishedundertheResidentialTenanciesandRoomingAccommodation
Act 20087Skills QueenslandestablishedundertheVocationalEducation,TrainingandEmployment Act 20008South Bank Corporationestablished under theSouth Bank
Corporation Act 1989Page 138Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Schedule 7A9Stadiums Queenslandestablished under
theMajor Sports Facilities Act 200110Tourism Queenslandestablished under
theTourism Queensland Act 197911WorkCover QueenslandestablishedundertheWorkers’CompensationRehabilitation
Act 2003andPart 2Employers
mentioned in theCommonwealth Act, section14(2)(a)(ii)1BrisbaneCityCouncilSuperannuationPlan(CitySuper)ABN
32 864 248 795establishedundertheCityofBrisbaneAct1924foralocalgovernment
purposeEditor’s note—City
of Brisbane Act 1924—see theCity of Brisbane
Act 2010, section262.2Local Government Superannuation Scheme
ABN 23 053 121564established under theLocal Government Act 1993for a
localgovernment purposeEditor’s
note—LocalGovernmentAct1993—seetheLocalGovernmentAct2009,section
282.3Wide Bay Water Corporation ABN 98 380
729 010established under theLocal Government
Act 1993for a localgovernment
purposeReprint 3 effective 4 April 2011Page
139
Industrial Relations Regulation 2000Schedule 7AEditor’s
note—LocalGovernmentAct1993—seetheLocalGovernmentAct2009,section
282.Part 3Employers
mentioned in theCommonwealth Act, section14(2)(a)(iii)EntityRelevant local governmentThe
trustee for Boonah and DistrictScenic Rim
Regional CouncilArt Gallery and Library Trust GiftFund
(trading as Boonah and DistrictArt Gallery and
Library Trust GiftFund) ABN 92 719 264 297The trustee for
the Boonah DistrictScenic Rim Regional CouncilPerforming Arts Centre (trading asBoonah
and District Performing ArtsCentre Trust) ABN
35 930 584 358Brisbane Arts Trust (trading asBrisbane City CouncilBrisbane Arts
Trust) ABN 30 749 675075Brisbane Marketing
Pty Ltd ACN 094Brisbane City Council633 262 and ABN 86
094 633 262Brisbane Powerhouse Pty Ltd (tradingBrisbane City Councilas Brisbane
Powerhouse) ACN 091551 290 and ABN 18 091 551 290Burdekin Cultural Complex Board Inc. Burdekin
Shire Council(trading as Burdekin Cultural ComplexBoard
Inc.) ABN 38 161 809 872Cairns Regional Gallery LimitedCairns Regional CouncilACN 062 537 259
and ABN 45 062537 259Page 140Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 7AEntityRelevant local governmentThe
trustee for the Cairns RegionalGallery Arts Trust
(trading as CairnsRegional Gallery Foundation Ltd)ABN 42
114 461 772Cairns Regional CouncilCaloundra City
Enterprises Pty LtdSunshine Coast Regional CouncilACN
127 655 136 and ABN 39 127655 136Central Queensland
LocalBanana Shire Council, CentralGovernment Association Inc. ABN 34Highlands Regional Council,593
816 745Gladstone Regional Council, IsaacRegional Council andRockhampton
Regional CouncilCentral Western Queensland RemoteArea
Planning and DevelopmentBoard (trading as Central
WesternQueensland Remote Area Planningand
Development Board) ACN 057968 653 and ABN 76 057 968 653Barcaldine Regional Council,Barcoo Shire Council,Blackall-Tambo
Regional Council,Boulia Shire Council, DiamantinaShire
Council, Longreach RegionalCouncil and Winton Shire
CouncilCITIPAC International Pty LtdACN
011 028 649Gold Coast City CouncilCity of Brisbane
Arts andEnvironment Ltd (trading as City ofBrisbane Arts and EnvironmentLimited) ACN 084 763 253 andABN 47
084 763 253Brisbane City CouncilCity of Brisbane
InvestmentBrisbane City CouncilCorporation Pty
Ltd ACN 066 022 455and ABN 95 066 022 455Council of Mayors
(SEQ) (trading asBrisbane City, Gold Coast City,Council of Mayors (SEQ), and otherLogan
City, Lockyer Valleynames) ABN 64 998 531 528Regional, Redland
City, ScenicRim Regional, Somerset Regional,Sunshine Coast Regional andToowoomba Regional CouncilsReprint 3 effective 4 April 2011Page
141
Industrial Relations Regulation 2000Schedule 7AEntityRelevant local governmentEdward
River Crocodile Farm PtyLimited (trading as Edward RiverCrocodile Farm) ACN 008 502 270and
ABN 90 008 502 270Pormpuraaw Aboriginal CouncilThe
trustee for Empire TheatresToowoomba Regional CouncilFoundation (trading as EmpireTheatres Foundation) ABN 69 130 487365Empire Theatres Pty Ltd ACN 086 482
Toowoomba Regional Council288 and ABN 83 086 482 288Far
North Queensland RegionalOrganisation of Councils (trading
asFar North Queensland RegionalOrganisation of Councils) ABN 52034
736 962Cairns Regional Council,Cassowary Coast
RegionalCouncil, Cooktown Shire Council,Hinchinbrook Shire Council,Tablelands Regional Council,Yarrabah Shire Council, WujalWujal
Aboriginal Shire CouncilGold Coast Arts Centre Pty LtdGold
Coast City Council(trading as Gold Coast Arts Centre PtyLtd)
ACN 060 787 466 and ABN 85060 787 466Gulf Savannah
Development Inc.(trading as Gulf SavannahDevelopment, and
as Gulf SavannahTourism) ABN 69 956 728 660Burke, Carpentaria, Croydon andEtheridge Shire CouncilsHervey Bay
(Community Fund)Limited ACN 120 350 469Fraser Coast
Regional CouncilHervey Bay (Cultural Fund) LimitedFraser Coast Regional CouncilACN
120 350 405The trustee for Ipswich ArtsFoundation Trust ABN 75 833 582216Ipswich City CouncilPage
142Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Schedule 7AEntityRelevant local governmentIpswich City Council (trading asIpswich City CouncilIpswich Arts
Foundation) ABN 61 461981 077Ipswich City
Enterprises InvestmentsIpswich City CouncilPty
Ltd (trading as Ipswich CityEnterprises
Investments Pty Ltd)ACN 127 862 515 and ABN 42 127862
515Ipswich City Enterprises Pty Ltd(trading as Ipswich City EnterprisesPty
Ltd) ACN 095 487 086 andABN 88 095 487 086Ipswich City
CouncilKronosaurus Korner Board Inc.(trading as Kronosaurus Korner)ABN 29
088 101 544Richmond City CouncilLockhart River
Aerodrome CompanyLockhart River Aboriginal ShirePty
Ltd (Lockhart River AerodromeCouncilCompany Pty Ltd) ACN 061 972 978and
ABN 95 061 972 978Nuffield Pty Ltd ACN 068 043 318Brisbane City Counciland ABN 72 068 043
318Outback @ Isa Pty Ltd (trading asMount
Isa City CouncilOutback@Isa) ACN 31 104 362 718and
ABN 104 362 718Palm Island Community Company Ltd Palm Island
Aboriginal ShireACN 126 800 682 and ABN 64 126Council800 682Poruma
Island Pty Ltd ACN 098 641Poruma Island Community Council162
and ABN 88 098 641 162Quad Park Corporation Pty LtdCaloundra City CouncilACN 127 704 947
and ABN 31 127704 947Reprint 3
effective 4 April 2011Page 143
Industrial Relations Regulation 2000Schedule 7AEntityRelevant local governmentRodeo
Capital Pty Ltd (trading asMount Isa City CouncilBuchanan Park FacilitiesManagement) ACN
125 659 510 andABN 89 125 659 510Sunshine Coast
Events Centre Pty LtdSunshine Coast Regional Council(trading as Caloundra Civic CulturalCentre) ACN 127 655 510 andABN 38
127 655 510Surfers Paradise Alliance LtdGold
Coast City CouncilACN 097 068 285 and ABN 19 097068
285The Brolga Theatre Board Inc.Fraser Coast Regional Council(trading as The Brolga Theatre andConvention Centre) ABN 75 529 942824The trustee for Townsville
CemeteryTownsville City CouncilTrust (trading as
Townsville &Thuringowa Cemetery Trust) ABN 72096
373 559TradeCoast Land Pty Ltd ACN 111Brisbane City Council428 212 and ABN 15
111 428 212Waltzing Matilda Centre Ltd (tradingWinton Shire Councilas Waltzing
Matilda Centre) ACN 34086 051 078 and ABN 34 086 051
078Warwick Tourism and Events Pty LtdSouthern Downs Regional CouncilACN
105 787 246 and ABN 52 105787 246Widelinx Pty Ltd
ACN 113 136 824Fraser Coast Regional Counciland
ABN 76 113 136 824Woorabinda Pastoral Company PtyLimited ACN 011 072 450 andABN 17
011 072 450Woorabinda Aboriginal ShireCouncilPage 144Reprint 3 effective 4 April
2011
Schedule 8Industrial
Relations Regulation 2000Schedule 8Dictionarysection 3constituentmembermeansamemberofanamalgamatedorganisationwhoispartoftheconstituentpartseekingtowithdraw from the organisation.formal, for a ballot,
means valid.informal, for a ballot,
means invalid.managementcommitteeofaconstituentpartmeansamanagementcommitteeelectedentirelyorsubstantiallybythe
constituent members.managerof an election or
ballot means—(a)the electoral officer conducting the
election or ballot; or(b)if an exemption
has been given under section 597 of theAct—the returning
officer appointed under section 599of the Act to
conduct the election.presidentof an
organisation means—(a)its president; or(b)its
chief executive; or(c)another officer, however called, who
has the functions ofits president or chief executive.representative constituent membersee
section 65(6).secretaryof an
organisation means—(a)thepersonwhoholdstheofficeofsecretaryintheorganisation; or(b)ifno-oneholdstheofficeofsecretaryoftheorganisation—the person authorised by
the organisationunder its rules to sign documents for the
organisation.Reprint 3 effective 4 April 2011Page
145
Industrial Relations Regulation 2000Schedule 8specialaccountofanorganisationmeansanaccounttheorganisation operated for—(a)a compulsory levy raised by the
organisation; or(b)voluntary contributions collected from
its members.voter, for part 13,
means a person whose name is on the rollunder section
110.Page 146Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1CAmendments tonone2001
SL No. 2972002 SL No. 882002 SL No.
88Effective1 December
200021 December 200126 April
20021 May 2002Reprint
date19 January 20014 January
200226 April 200215 May
2002ReprintNo.1D1E1F1G
rv1H22AAmendments included2003 SL No.
82003 SL No. 1952004 SL No.
1602005 SL No. 1692006 SL No.
198—2007 SL No. 220Effective31
January 200322 August 200320 August
200429 July 200511 August
200611 August 20067 September
2007NotesR1H withdrawn,
see R2Page 148Reprint 3
effective 4 April 2011
Industrial Relations Regulation 2000EndnotesReprintNo.2B2C2D2E2F2G3Amendments
included2008 SL No. 2582009 Act No.
382009 Act No. 492010 SL No.
2732010 Act No. 412011 Act No.
4—Effective15 August
200826 October 20091 January
20101 October 201020 December
20104 April 20114 April
2011NotesR2G withdrawn,
see R35Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.16List of
legislationIndustrial Relations Regulation 2000 SL No.
287made by the Governor in Council on 16
November 2000notfd gaz 17 November 2000 pp 1093–5ss
1–2 commenced on date of notificationremaining
provisions commenced 1 December 2000 (see s 2)exp 1 September
2011 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Industrial Relations Amendment Regulation
(No. 1) 2001 SL No. 297notfd gaz 21 December 2001 pp
1482–8ss 5–7 commenced 1 May 2002 (see s 2)remaining provisions commenced on date of
notificationPrivate Employment Agents Regulation 2002 SL
No. 88 pts 1, 4notfd gaz 26 April 2002 pp 1540–3commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 1) 2003 SL No. 8notfd gaz 31 January 2003 pp
318–19commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 2) 2003 SL No. 195notfd gaz 22 August 2003 pp
1372–5commenced on date of notificationReprint 3 effective 4 April 2011Page
149
Industrial Relations Regulation 2000EndnotesIndustrial
Relations Amendment Regulation (No. 1) 2004 SL No. 160notfd
gaz 20 August 2004 pp 1238–9commenced on date
of notificationIndustrial Relations Amendment Regulation
(No. 1) 2005 SL No. 169notfd gaz 29 July 2005 pp
1146–8commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 1) 2006 SL No. 198notfd gaz 11 August 2006 pp
1725–8commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 1) 2007 SL No. 220notfd gaz 7 September 2007 pp
124–5commenced on date of notificationIndustrial Relations Amendment Regulation
(No. 1) 2008 SL No. 258notfd gaz 15 August 2008 pp
2241–2commenced on date of notificationElectrical Safety and Other Legislation
Amendment Act 2009 No. 38 ss 1, 2(2), pt 10date of assent 22
September 2009ss 1–2 commenced on date of assentremaining provisions commenced 26 October
2009 (2009 SL No. 233)Fair Work (Commonwealth Powers) and
Other Provisions Act 2009 No. 49 ss 1–2, pt3 div 8date
of assent 19 November 2009div 8 commenced 1 January 2010
immediately after the commencement of the FairWorkAmendment(StateReferralsandOtherMeasures)Act2009No.124(Cwlth) sch 1 s 39 (2009 SL No. 289
and Cwlth proc F2009L04605)remaining provisions commenced on date
of assentIndustrial Relations Amendment Regulation
(No. 1) 2010 SL No. 273notfd gaz 1 October 2010 pp
294–7commenced on date of notificationEducation and Training Legislation (Skills
Queensland) Amendment Act 2010 No. 41pts 1, 3 div
2date of assent 14 October 2010ss
1–2 commenced on date of assentremaining
provisions commenced 20 December 2010 (2010 SL No. 338)Electrical Safety and Other Legislation
Amendment Act 2011 No. 4 s 1, pt 5, s 69 schpt 1date
of assent 4 April 2011commenced on date of assentPage
150Reprint 3 effective 4 April
2011
Industrial Relations Regulation 2000Endnotes7List
of annotationsDefinitionss 3amd
2002 SL No. 88 s 5Prescribed amount—Act, ss 72 and 276s
4amd 2001 SL No. 297 s 4; 2003 SL No. 8 s 3;
2003 SL No. 195 s 3; 2004 SLNo. 160 s 3; 2005
SL No. 169 s 3; 2006 SL No. 198 s 3; 2007 SL No. 220 s3;
2008 SL No. 258 s 3; 2010 SL No. 273 s 3Agreement for
certification to be accompanied by affidavit—Act, s 156s
9amd 2001 SL No. 297 s 5; 2011 Act No. 4 s
55PART 5—QUEENSLAND WORKPLACE AGREEMENTSpt
hdgom 2011 Act No. 4 s 56Matters to be
included in QWA—Act, s 193s 12amd 2001 SL No.
297 s 6om 2011 Act No. 4 s 56Filing
requirements—Act, s 200s 13amd 2001 SL No.
297 s 7om 2011 Act No. 4 s 56Form of QWA or
ancillary document—Act, s 709(2)(c)s 14om
2011 Act No. 4 s 56Witnessing signatures on QWA or ancillary
document—Act, s 709(2)(d)s 15om 2011 Act No. 4
s 56PART 7A—FEES CHARGED BY PRIVATE EMPLOYMENT
AGENTSpt hdgins 2002 SL No.
88 s 6Particulars for written notice—Act, s
408D(2)(a)s 17Ains 2002 SL No. 88 s 6amd
2006 SL No. 198 s 4Prescribedpercentageofgrossamountpayabletomodelorperformer—Act,s408D(2)(b)s 17Bins
2002 SL No. 88 s 6Prescribed allowances or payments excluded
from gross amount payable to model orperformer—Act, s
408D(2)(b)s 17Cins 2002 SL No. 88 s 6Definition for pt 8s 18 prov
hdgamd 2006 SL No. 198 s 5Applications for
registration, change of list of callings or amendment of name
oreligibility ruless 20amd
2009 Act No. 38 s 40Application by registrar for deregistration
order for defunct organisations 26amd
2009 Act No. 38 s 40Reprint 3 effective 4 April 2011Page
151
Industrial Relations Regulation 2000EndnotesPrescribed
particulars for election or ballot result reports—s 121 and Act, ss
488 and600s 37amd 2007 SL No.
220 s 4Voters may ask for information about election
or ballots 40amd 2011 Act No. 4 s 69 schManagement committee must report insolvency
to memberss 49amd 2001 SL No. 297 s 8Withdrawal ballot exemption—recognising
federal ballots 68amd 2001 SL No. 297 s 9; 2007 SL No.
220 s 5Notice of applications 81amd
2009 Act No. 38 s 41Amalgamation or withdrawal hearings
82amd 2011 Act No. 4 s 69 schWithdrawal ballot exemption—recognising
federal ballots 90amd 2001 SL No. 297 s 10; 2007 SL No.
220 s 5Postal ballots—distributing voting
materials 101amd 2001 SL No. 297 s 11Fixing
start day for amalgamation or withdrawals 138amd
2009 Act No. 38 s 42Effect of amalgamation on commission
decisionss 141amd 2011 Act No. 4 s 69 schPART
14—DECLARATIONS FOR COMMONWEALTH ACT, SECTION 14(2)pt
hdgins 2009 Act No. 49 s 67Declarationss 148ins
2009 Act No. 49 s 67PART 15—GENERALpt hdg(prev
pt 14) renum 2009 Act No. 49 s 66(1)Certificate of
employment on termination—Act, s 700s 149(prev
s 148) renum 2009 Act No. 49 s 66(2)Repealss
150(prev s 149) renum 2009 Act No. 49 s
66(2)SCHEDULE 1—PROVISION ABOUT
DISCRIMINATIONom 2011 Act No. 4 s 57SCHEDULE 2—MODEL
DISPUTE RESOLUTION PROCEDUREom 2011 Act No. 4
s 57SCHEDULE 3—MODEL ELECTION RULESDefinitionss 1def“candidate”amd 2007 SL No.
220 s 6Page 152Reprint 3
effective 4 April 2011
