REGISTERED ORGANISATIONS – amalgamation – Transitionally Recognised Association – Sched.1, Cl.6(2) Fair Work (Registered Organisations) Act 2009 – transitionally recognised association, Local Government Engineers’ Association of New South Wales (LGEA), lodged application pursuant to clause 6(2) of Sched.1 of RO Act seeking extension of its transitional recognition – in absence of extension being granted the transitional recognition of LGEA would cease on 1 January 2017 – Commission may grant extension until 1 January 2018 in prescribed circumstances – Commission must be satisfied progress made towards becoming an organisation or rationalising its internal affairs with those of its federal counterpart – Commission found LGEA could not satisfy first condition because s.19(5) of RO Act prohibits Commission from registering association registered under State or Territory industrial law if association has federal counterpart – Association of Professional Engineers, Scientists and Managers, Australia (APESMA) prescribed federal counterpart of LGEA under Sched.1A of RO Regulations – statutory declaration provided by LGEA set out historical and financial arrangements between LGEA and APESMA – outlined measures that LGEA implemented towards rationalising affairs with those of APESMA – steps taken included that LGEA largely correlates with one of the divisions of APESMA and LGEA took steps to alter rules for complete and seamless correlation between LGEA and Division – internal administration of LGEA and Division regularised so systems applied appropriately to requirements of rules of both organisations including concurrently held committee meetings and annual general meetings – that staff jointly employed by both LGEA and APESMA – that internal affairs of LGEA reflected in its rules on practical level rationalised and consistent with rules of Division – Commission satisfied on basis of circumstances set out in statutory declaration progress made by LGEA to rationalise internal affairs with those of federal counterpart – considered appropriate to exercise discretion in favour of granting extension of LGEA’s transitional recognition until 1 January 2018 – Commission ordered extension of transitional recognition. The Local Government Engineers’ Association of New South Wales
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