<- Previous   First   Next ->

Chapter 3Rights and responsibilities of employees, employers, organisations etc. Part 3-3Industrial action

Division 8Protected action ballots

Regulation3.13

3.13Notice of protected action ballot order—notifying employees

(1) For section 445 and paragraph 469(b) of the Act, this regulation sets out procedures to be followed for notifying employees in relation to the conduct of a protected action ballot.

Content of notice

(2) The protected action ballot agent for the ballot must, as soon as practicable after the FWC makes the protected action ballot order, take all reasonable steps to notify each employee who is eligible to be included on the roll of voters that the FWC has made the order.

(3) The notice must include:

(a) any matter specified by the FWC in the ballot order; and

(b) the voting method or methods to be used; and

(c) each location (if any) at which the ballot will be conducted; and

(d) either:

(i) the date or dates on which the ballot will be conducted; or

(ii) the period during which the ballot will be conducted; and

(e) contact details for the protected action ballot agent; and

(f) contact details for the independent advisor (if any).

(4) The notice must also include:

(a) a statement that the employee may contact the protected action ballot agent to find out whether the employee is on the roll of voters; and

(b) a statement that the employee may ask the protected action ballot agent to add or remove the employee's name from the roll of voters; and

(c) a statement that the employee may raise any concerns or complaints about the conduct of the ballot (including any alleged irregularity) with:

(i) the protected action ballot agent; or

(ii) if the protected action ballot agent is not the Australian Electoral Commission—the FWC; or

(iii) the independent advisor (if any).

Note: Section 453 of the Act sets out the circumstances in which an employee is eligible to be included on the roll of voters for the protected action ballot.

Manner of notification

(5) The protected action ballot agent may give the notice to an employee by doing any of the following:

(a) giving the notice to the employee personally;

(b) sending the notice by pre-paid post to:

(i) the employee's residential address; or

(ii) a postal address nominated by the employee;

(c) sending the notice to:

(i) the employee's email address at work; or

42

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

<- Previous   First   Next ->