Changes to withdrawals from amalgamation from today

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received Royal Assent yesterday.  

It amends the Fair Work (Registered Organisations) Act 2009 relating to registered organisations and withdrawal from amalgamation.

From today, the Fair Work Commission can no longer accept applications for a de-merger ballot more than 5 years after the relevant amalgamation has occurred.

For de-merger ballot applications made within 5 years of the relevant amalgamation, the Registered Organisations Act:  

• narrows the definition of ‘separately identifiable constituent part’ in section 93(1)
• amends provisions about:
  • the conduct of ballots
  • the proposed name of the relevant organisations and the proposed rules, or alterations of rules, of the relevant organisations and when they take effect at the conclusion of a de-merger process
  • the Commission’s power to accept undertakings to avoid demarcation disputes, and
  • membership of the newly registered organisation.