Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 444

FWC may decide on ballot agent other than the Australian Electoral Commission and independent advisor

Alternative ballot agent

             (1)  The FWC may decide that a person other than the Australian Electoral Commission is to be the protected action ballot agent for a protected action ballot only if:

                     (a)  the person is specified in the application for the protected action ballot order as the person the applicant wishes to be the protected action ballot agent; and

                     (b)  the FWC is satisfied that:

                              (i)  the person is a fit and proper person to conduct the ballot; and

                             (ii)  any other requirements prescribed by the regulations are met.

             (2)  The regulations may prescribe:

                     (a)  conditions that a person must meet in order to satisfy the FWC that the person is a fit and proper person to conduct a protected action ballot; and

                     (b)  factors that the FWC must take into account in determining whether a person is a fit and proper person to conduct a protected action ballot.

Independent advisor

             (3)  The FWC may decide that a person (the other person ) is to be the independent advisor for a protected action ballot if:

                     (a)  the FWC has decided that a person other than the Australian Electoral Commission is to be the protected action ballot agent for the ballot; and

                     (b)  the FWC considers it appropriate that there be an independent advisor for the ballot; and

                     (c)  the FWC is satisfied that:

                              (i)  the other person is sufficiently independent of each applicant for the protected action ballot order; and

                             (ii)  any other requirements prescribed by the regulations are met.



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