Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 454

Variation by protected action ballot agent on request

  (1)   Subsections   (2) to (4) apply if:

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

  (b)   the FWC has directed the protected action ballot agent to comply with those subsections.

Note:   If subsections   (2) to (4) do not apply, the protected action ballot agent must comply with directions given by the FWC in relation to the matters dealt with by those subsections   (see section   450).

Adding names to the roll of voters

  (2)   The protected action ballot agent must include an employee's name on the roll of voters for the protected action ballot if:

  (a)   the protected action ballot agent is requested to do so by:

  (i)   an applicant for the protected action ballot order; or

  (ii)   the employee; or

  (iii)   the employee's employer; and

  (b)   the protected action ballot agent is satisfied that the employee is eligible to be included on the roll of voters; and

  (c)   the request is made before the end of the working day before the day on which voting in the ballot starts.

Removing names from the roll of voters

  (3)   The protected action ballot agent must remove an employee's name from the roll of voters for the protected action ballot if:

  (a)   the protected action ballot agent is requested to do so by:

  (i)   an applicant for the protected action ballot order; or

  (ii)   the employee; or

  (iii)   the employee's employer; and

  (b)   the protected action ballot agent is satisfied that the employee is not eligible to be included on the roll of voters; and

  (c)   the request is made before the end of the working day before the day on which voting in the ballot starts.

  (4)   The protected action ballot agent must remove a person's name from the roll of voters for the protected action ballot if:

  (a)   the person (the former employee ) is no longer employed by the employer (the former employer ) of the employees who are to be balloted; and

  (b)   the protected action ballot agent is requested to do so by:

  (i)   an applicant for the protected action ballot order; or

  (ii)   the former employee; or

  (iii)   the former employer; and

  (c)   the request is made before the end of the working day before the day on which voting in the ballot starts.

Variation by Australian Electoral Commission on its own initiative

  (5)   If the protected action ballot agent is the Australian Electoral Commission, the Commission may, on its own initiative and before the end of the working day before the day on which voting in the ballot starts:

  (a)   include an employee's name on the roll of voters for the protected action ballot if the Commission is satisfied that the employee is eligible to be included on the roll of voters; or

  (b)   remove an employee's name from the roll of voters for the protected action ballot if the Commission is satisfied that the employee is not eligible to be included on the roll of voters; or

  (c)   remove a person's name from the roll of voters for the protected action ballot if the person is no longer employed by the employer of the employees who are to be balloted.