Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 444(1D)(c) of the Act, this regulation prescribes requirements that the FWC must be satisfied have been met before a person becomes the protected action ballot agent for a protected action ballot.
Note: The person must also be a fit and proper person to conduct a protected action ballot.
(2) The person must be capable of ensuring the secrecy and security of votes cast in the ballot.
(3) The person must be capable of ensuring that the ballot will be fair and democratic.
(4) The person must be capable of conducting the ballot expeditiously.
(5) The person must have agreed to be a protected action ballot agent.
(6) The person must be bound to comply with the Privacy Act 1988 in respect to the handling of information relating to the protected action ballot.
(7) If the person is an industrial association or a body corporate, the FWC must be satisfied that:
(a) each individual who will carry out the functions of the protected action ballot agent for the industrial association or body corporate is a fit and proper person to conduct the ballot; and
(b) the requirements in subregulations (2) to (6) are met for the individual.