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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 116

Pending proceedings

    If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:

  (a)   was pending at that day; and

  (b)   concerns, wholly or in part, the interests of the constituent members of the constituent part;

then, on and after that day, the newly registered organisation:

  (c)   in the case of proceedings that concern wholly the interests of the constituent members--is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and

  (d)   in the case of proceedings that concern in part the interests of the constituent members--becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.



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