Amalgamations and transfer of engagements: how to merge two or more unincorporated employers' associations.
This guide explains the statutory procedures which have to be followed in carrying out mergers between unincorporated employers’ associations, in the case of:
- a transfer of engagements (transfer of membership, property etc, from one employers’ association to another)
- an amalgamation (simultaneous merging by two or more employers’ association of all their membership, property etc, creating a new amalgamated employers’ association)
The main purposes of the statutory procedures are to:
- facilitate the process of a merger
- safeguard the rights of the members affected by the proposal by ensuring that they are fully informed about what a merger entails in specific terms
- provide a right to vote on merger proposals
The Certification Officer is responsible for seeing that the procedures are properly carried out. It is his role to approve certain documents which have to be prepared by the unions taking part in the merger.
The Certification Officer also deals with any complaints concerning the merger ballot made on grounds specified in the relevant statute.
This guide is to assist officials and others in complying with the legal requirements governing mergers.