Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 459

  (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.