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

Regulation3.14

(ii) another email address nominated by the employee;

(d) sending to the employee's email address at work (or to another email address nominated by the employee) an electronic link that takes the employee directly to a copy of the notice on the employer's intranet;

(e) faxing the notice to:

(i) the employee's fax number at work; or

(ii) the employee's fax number at home; or

(iii) another fax number nominated by the employee;

(f) displaying the notice in a conspicuous location at the workplace that is known by and readily accessible to the employee.

(6) Subregulation (5) does not prevent a protected action ballot agent from giving notice to an employee by another means.

Protected action ballot agent—access to workplace

(7) An employer must allow the protected action ballot agent access to the workplace for the purpose of notifying employees of the information about the protected action ballot.

Note: Subregulation (7) is a civil remedy provision to which Part 4-1 of the Act applies.

Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

(8) An employer must allow the protected action ballot agent access to the workplace for the purpose of preparing for, or conducting the protected action ballot.

Note: Subregulation (8) is a civil remedy provision to which Part 4-1 of the Act applies.

Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

3.14Protected action ballot to be conducted by Australian Electoral Commission or other specified ballot agent—directions about ballot paper

For paragraphs 449(2)(e) and 469(b) of the Act, the protected action ballot agent for a protected action ballot may providewith the ballot paper:

(a) directions to be followed by an employee entitled to vote in the ballot so that thevote complies with the Act and these Regulations; and

(b) other directions that the agent reasonably believes may assist in ensuring an irregularity does not occur in the conduct of the ballot; and

(c) notes to assist an employee who is entitled to vote in the ballot by informing him or her of matters relating to conduct of the ballot.

3.15Compilation of roll of voters

(1) For section 452 and paragraph 469(b) of the Act, this regulation applies if:

(a) an applicant for a protected action ballot order; or

(b) the employer of an employee who is to be balloted;

provides information under subsection 450(4) or 452(3) of the Act.

43

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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