Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 458

Protected action ballot conducted by the Australian Electoral Commission

  (1)   If:

  (a)   the protected action ballot agent is the Australian Electoral Commission; and

  (b)   the Commission:

  (i)   receives any complaints about the conduct of the protected action ballot; or

  (ii)   becomes aware of any irregularities in relation to the conduct of the ballot;

the Commission must prepare a written report about the conduct of the ballot and give it to the FWC.

Protected action ballot conducted by person other than the Australian Electoral Commission

  (2)   If:

  (a)   the protected action ballot agent is not the Australian Electoral Commission; and

  (b)   the protected action ballot agent or the independent advisor (if any) for the protected action ballot:

  (i)   receives any complaints about the conduct of the ballot; or

  (ii)   becomes aware of any irregularities in relation to the conduct of the ballot;

the protected action ballot agent or the independent advisor (as the case may be) must prepare a report about the conduct of the ballot and give it to the FWC.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (3)   If:

  (a)   the protected action ballot agent is not the Australian Electoral Commission; and

  (b)   the FWC:

  (i)   receives any complaints about the conduct of the protected action ballot; or

  (ii)   becomes aware of any irregularities in relation to the conduct of the ballot;

the FWC must, in writing, direct the protected action ballot agent or the independent advisor (if any) for the ballot (or both) to prepare a report about the conduct of the ballot and give it to the FWC.

  (4)   A report under subsection   (2) or (3) must be prepared in accordance with the regulations.

Meaning of conduct of a protected action ballot

  (5)   Conduct of a protected action ballot includes, but is not limited to, the compilation of the roll of voters for the ballot.

Meaning of irregularity in relation to the conduct of a protected action ballot

  (6)   An irregularity , in relation to the conduct of a protected action ballot, includes, but is not limited to, an act or omission by means of which the full and free recording of votes by all employees entitled to vote in the ballot, and by no other persons is, or is attempted to be, prevented or hindered.