<- Previous   First   Next ->

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

Regulation3.20

(10) A person to whom a direction is given under subregulation (9) must comply with the direction.

Note: Subregulation (10) 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.

3.20Conduct of protected action ballot—scrutineers

(1) For paragraph 469(d) of the Act, this regulation sets out matters relating to the qualifications, appointment, powers and duties of scrutineers for a protected action ballot.

Appointment

(2) The employer may appoint 1 or more scrutineers to perform the functions set out in this regulation.

(3) The applicant for a protected action ballot may appoint 1 or more scrutineers to perform the functions set out in this regulation.

(4) An appointment under subregulation (2) or (3) must be made by an instrument signed on behalf of the employer or applicant.

(5) A person who does not have a current appointment under subregulation (2) or

(3):

(a) is not a scrutineer; and

(b) is not permitted to attend the scrutiny of ballot material as a scrutineer; and

(c) is not permitted to perform the functions set out in this regulation.

Functions

(6) A scrutineer may be present at the scrutiny of ballot material as follows:

(a) if the ballot is conducted by postal voting or by electronic voting, the scrutineer may be present after the protected action ballot agent has acted under subregulation 3.19(8) to remove evidence of an employee's identity;

(b) if the ballot is not conducted by postal voting or by electronic voting, the scrutineer may be present when the protected action ballot agent is ready to conduct the scrutiny of the ballot material.

(7) However:

(a) the total number of scrutineers in attendance at a particular time at the scrutiny of the ballot material must not exceed the total number of people who are:

(i) performing functions and duties as, or on behalf of, the protected action ballot agent; and

(ii) engaged on the scrutiny of the ballot material at that time; and

(b) if a person fails to produce the person's instrument of appointment as a scrutineer for inspection by the protected action ballot agent for the ballot,

49

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

<- Previous   First   Next ->