Commonwealth Consolidated Acts

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Circumstances in which industrial action is authorised by protected action ballot

             (1)  Industrial action by employees is authorised by a protected action ballot if:

                     (a)  the action was the subject of the ballot; and

                     (b)  at least 50% of the employees on the roll of voters for the ballot voted in the ballot; and

                     (c)  more than 50% of the valid votes were votes approving the action; and

                     (d)  the action commences:

                              (i)  during the 30-day period starting on the date of the declaration of the results of the ballot; or

                             (ii)  if the FWC has extended that period under subsection (3)--during the extended period.

Note:          Under Division 2, industrial action by employees for a proposed enterprise agreement (other than employee response action) is not protected industrial action unless it has been authorised in advance by a protected action ballot.

             (2)  If:

                     (a)  the nature of the proposed industrial action specified in the question or questions put to the employees in the protected action ballot included periods of industrial action of a particular duration; and

                     (b)  the question or questions did not specify that consecutive periods of that industrial action may be organised or engaged in;

then only the first period in a series of consecutive periods of that industrial action is the subject of the ballot for the purposes of paragraph (1)(a).

             (3)  The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

                     (a)  an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

                     (b)  the period has not previously been extended.

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