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FAIR WORK ACT 2009 - SECT 451

Timetable for protected action ballot

  (1)   This section applies 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 this section.

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

  (2)   As soon as practicable after receiving a copy of the protected action ballot order, the protected action ballot agent must, in consultation with each applicant for the order and the employer of the employees who are to be balloted:

  (a)   develop a timetable for the conduct of the protected action ballot; and

  (b)   determine the voting method, or methods, to be used for the ballot (which cannot be a method involving a show of hands).

Note:   For the purposes of paragraph   (2)(b), examples of voting methods are attendance voting, electronic voting and postal voting.


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