Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 129

             (1)  Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:

                     (a)  the amalgamated organisation concerned;

                     (b)  the constituent part concerned;

                     (c)  the newly registered organisation concerned;

                     (d)  a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).

             (2)  On an application under subsection (1), the Court may make such determination as it considers proper.

             (3)  Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:

                     (a)  to rectify the invalidity or cause it to be rectified; or

                     (b)  to negative, modify or cause to be modified the consequences in law of the invalidity; or

                     (c)  to validate any act, matter or thing that is made invalid by or because of the invalidity.

             (4)  Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.

             (5)  The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:

                     (a)  the amalgamated organisation; or

                     (b)  a member or creditor of the amalgamated organisation; or

                     (c)  the constituent part; or

                     (d)  a constituent member of the constituent part; or

                     (e)  the newly registered organisation; or

                      (f)  a member or creditor of the newly registered organisation; or

                     (g)  any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.

             (6)  This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).