Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 446

Protected action ballot order may require 2 or more protected action ballots to be held at the same time

             (1)  This section applies if:

                     (a)  the FWC has made a protected action ballot order; and

                     (b)  the FWC proposes to make another protected action ballot order or orders; and

                     (c)  the orders would require a protected action ballot to be held in relation to industrial action by employees of the same employer or employees at the same workplace.

             (2)  The FWC may make, or vary, the protected action ballot orders so as to require the protected action ballots to be held at the same time if the FWC is satisfied:

                     (a)  that the level of disruption of the employer's enterprise, or at the workplace, could be reduced if the ballots were held at the same time; and

                     (b)  that requiring the ballots to be held at the same time will not unreasonably delay either ballot.



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