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

Regulation3.18

(ii) whether the protected action ballot agent complied with the recommendation.

SubdivisionG—Miscellaneous

3.18Conduct of protected action ballot—ballot papers

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

Ballot paper

(2) The protected action ballot agent for the ballot must:

(a) for attendance voting or postal voting—issue to each employee who is to be balloted a ballot paper that bears:

(i) the agent's initials; or

(ii) a facsimile of the agent's initials; and

(b) for electronic voting—ensure that the protected action ballot identifies the protected action ballot agent who is authorised to conduct the protected action ballot.

(2A) For subregulation (2), a ballot paper may be issued to an employee by post, email or electronically.

(3) If the ballot is conducted by postal voting, the agent must, as soon as practicable, post to each employee who is to be balloted a sealed envelope that contains:

(a) the ballot paper; and

(b) information about:

(i) the closing date of the ballot; and

(ii) the time, on the closing date, by which the agent must receive the employee's vote; and

(c) an envelope in which the employee must place his or her ballot paper; and (d) a prepaid envelope addressed to the protected action ballot agent and that may be posted without cost to the employee; and

(e) any other material that the protected action ballot agent considers to be relevant to the ballot.

(4) The envelope mentioned in paragraph (3)(c) must:

(a) set out a form of declaration that the employee has not voted before in the ballot; and

(b) have a place on which the employee can sign the envelope; and

(c) be able to fit into the prepaid envelope mentioned in paragraph (3)(d).

Electronic voting

(4A) If the ballot is conducted by electronic voting, the protected action ballot agent must, as soon as practicable, issue to each employee who is to be balloted the following:

45

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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