Commonwealth Consolidated Regulations

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FAIR WORK REGULATIONS 2009 - REG 3.12

Requirements for independent advisor

  (1)   For subparagraph   444(3)(c)(ii) of the Act, this regulation sets out requirements that the FWC must be satisfied have been met before a person becomes the independent advisor for a protected action ballot.

Note:   The person must also be sufficiently independent of each applicant for the protected action ballot order.

  (2)   The person must be capable of giving the protected action ballot agent:

  (a)   advice that is directed towards ensuring that the ballot will be fair and democratic; and

  (b)   recommendations that are directed towards ensuring that the ballot will be fair and democratic.

  (3)   The person must have agreed to be the independent advisor.



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