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

Regulation3.19

(c) the unique identifier provided for under subregulation (4A) did not allow the employee to access the electronic voting system.

(7B) A request under subregulation (7A) must:

(a) be received by the protected action ballot agent on or before the closing day for the ballot; and

(b) state the reason for the request; and

(c) if it is available, be accompanied by evidence that verifies, or tends to verify, the reason given for the request; and

(d) include a declaration by the employee that the employee has not voted in the ballot.

(7C) The protected action ballot agent must give an employee replacement information if the protected action ballot agent is satisfied that:

(a) the reason for the request is a reason mentioned in subregulation (7A); and (b) the request is in accordance with the requirements mentioned in subregulation (7B); and

(c) the employee has not voted in the ballot.

Replacement ballot paper—attendance voting

(8) If:

(a) an employee is to be balloted by attendance voting; and

(b) the employee satisfies the protected action ballot agent, before depositing the ballot paper in the repository that serves to receive or hold ballot papers, that the employee has accidentally spoilt the paper;

the protected action ballot agent must give the employee a replacement ballot paper.

(9) The protected ballot agent must also:

(a) mark "spoilt" on the ballot paper and initial the marking; and

(b) keep the ballot paper.

3.19Conduct of protected action ballot—scrutiny of ballot

(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.

Counting votes

(2) The protected action ballot agent for the ballot must determinethe result of the ballot by conducting a scrutiny in accordance with this regulation.

(3) As soon as practicable after the close of the ballot, the protected action ballot agent must:

(a) admit the valid ballot papers and reject the informal ballot papers; and

(b) count the valid ballot papers; and

(c) record the number of votes:

Fair Work Regulations 2009

Compilation date: 11/09/2021

47

Compilation No. 36

Registered: 19/10/2021

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