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Rights and responsibilities of employees, employers, organisations etc.Chapter 3 Industrial actionPart 3-3 Protected action ballotsDivision 8

Regulation3.11

Division 8—Protected action ballots

3.11FWC may decide on ballot agent other than the Australian Electoral Commission—requirements for protected action ballot agent

(1) For subparagraph 444(1)(b)(ii) of the Act, this regulation sets out requirements that the FWC must be satisfied have been met before a person other than the Australian Electoral Commission becomes the protected action ballot agent for a protected action ballot.

Note: The person must also be a fit and proper person to conduct the ballot.

(2) The person must be capable of ensuring the secrecy and security of votes cast in the ballot.

(3) The person must be capable of ensuring that the ballot will be fair and democratic.

(4) The person must be capable of conducting the ballot expeditiously.

(5) The person must have agreed to be a protected action ballot agent.

(6) The person must be bound to comply with the Privacy Act 1988 in respect to the handling of information relating to the protected action ballot.

(7) If the person is an industrial association or a body corporate, the FWC must be satisfied that:

(a) each individual who will carry out the functions of the protected action ballot agent for the industrial association or body corporate is a fit and proper person to conduct the ballot; and

(b) the requirements in subregulations (2) to (6) are met for the individual.

3.12Requirements for independent advisor

(1) For subparagraph 444(3)(c)(ii) of the Act, this regulation sets out requirements that the FWC must be satisfied have been met before a person becomes the independent advisor for a protected action ballot.

Note: The person must also be sufficiently independent of each applicant for the protected action ballot order.

(2) The person must be capable of giving the protected action ballot agent:

(a) advice that is directed towards ensuring that the ballot will be fair and democratic; and

(b) recommendations that are directed towards ensuring that the ballot will be fair and democratic.

(3) The person must have agreed to be the independent advisor.

Fair Work Regulations 2009

Compilation date: 11/09/2021

41

Compilation No. 36

Registered: 19/10/2021

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