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

Division 8Protected action ballots

Regulation3.16

Note: Subsection 450(4) of the Act allows the FWC to direct the provision of information required to assist in compiling a roll of voters. Subsection 452(3) allows the protected action ballot agent to make a similar direction.

(2) The applicant or employer must include with the information a declaration in writing that the applicant or employer reasonably believes that the information is complete, up-to-date and accurate.

3.16Protected action ballot papers—form

(1) For paragraph 455(1)(a) of the Act, the form of a ballot paper for a protected action ballot that is to be conducted by attendance voting or postal voting is set out in Form1 of Schedule 3.2.

(2) For paragraphs455(1)(b) and 469(c) of the Act, a ballot paper for a protected action ballot that is to be conducted by electronic voting must include the information and the content set out in Form1 of Schedule 3.2.

3.16AConduct of protected action ballot by electronic voting

(1) If a protected action ballot is conducted by electronic voting, the protected action ballot agent must ensure that:

(a) only employees on the roll of voters are provided with access to the electronic voting system; and

(b) each employee to be balloted can vote only once in the ballot; and

(c) there is a record of who has voted; and

(d) there is no way of identifying how any employee has voted; and

(e) the sum of the votes cast for each proposition and the votes cast against each proposition is the same as the total votes cast.

3.17Report about conduct of protected action ballot—independent advisor

(1) For section 458 and paragraphs 469(b) and (e) of the Act, this regulation sets out requirements for the preparation of a report under subsection 458(2) or (3) of the Act by the independent advisor for a protected action ballot agent.

Note: Subsection 458(2) of the Act requires a protected action ballot agent or independent advisor to prepare a report about the conduct of the ballot. Subsection 458(3) of the Act requires the agent or advisor to prepare a report at the direction of the FWC.

(2) For the purpose of preparing the report, the independent advisor may:

(a) be present at the conduct of any part of a protected action ballot (including the scrutiny of the roll of voters); and

(b) request information held by the protected action ballot agent for the ballot; and

(c) make a recommendation to the ballot agent for the purpose of ensuring the conduct of the protected action ballot will be fair and democratic; and

(d) set out in his or her report:

(i) a description of any recommendation made under paragraph (c); and

44

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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