Commonwealth Numbered Acts

FAIR WORK AMENDMENT ACT 2012 (NO. 174, 2012) - SCHEDULE 7

Part 1 -- Electronic voting in protected action ballots

Fair Work Act 2009

1  Section 12

Insert:

"ballot paper" : see subsection 455(2).

2  Paragraph 450(2)(b)

After "used", insert "(which cannot be a method involving a show of hands)".

3  Subsection 450(2) (before the note)

Insert:

Note 1:       For the purposes of paragraph (2)(b), examples of voting methods are attendance voting, electronic voting and postal voting.

4  Subsection 450(2) (note)

Omit "Note", substitute "Note 2".

5  Paragraph 451(2)(b)

After "ballot", insert "(which cannot be a method involving a show of hands)".

6  At the end of subsection 451(2)

Add:

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

7  Section 455

Before "The", insert "(1)".

8  At the end of section 455

Add:

             (2)  Ballot paper means:

                     (a)  for a voting method that is not an electronic voting method--a paper ballot paper; and

                     (b)  for an electronic voting method--an electronic ballot paper.

9  Paragraph 462(1)(h)

Repeal the paragraph, substitute:

                     (h)  fraudulently put a paper ballot paper or other paper:

                              (i)  into a repository that serves to receive or hold paper ballot papers; or

                             (ii)  into the post;

                   (ha)  fraudulently deliver or send an electronic ballot paper or other document to a repository that serves to receive or hold electronic ballot papers;

10  Paragraph 462(1)(i)

After "deliver", insert "or send".

11  Paragraph 462(1)(o)

Omit "the ballot paper is being marked or after it has been marked", substitute "the vote is being made, or after the vote has been made, on the ballot paper".

12  Paragraph 462(1)(p)

Omit "ballot box or other ballot receptacle", substitute "repository that serves to receive or hold ballot papers".

Part 2 -- Employees to be balloted in protected action ballots

Fair Work Act 2009

13  Paragraph 437(5)(b)

Repeal the paragraph, substitute:

                     (b)  either:

                              (i)  are represented by a bargaining representative who is an applicant for the protected action ballot order; or

                             (ii)  are bargaining representatives for themselves but are members of an employee organisation that is an applicant for the protected action ballot order.

14  Paragraph 453(b)

Repeal the paragraph, substitute:

                     (b)  the employee is included in a group of employees specified in the order and either:

                              (i)  is represented by a bargaining representative who was an applicant for the order; or

                             (ii)  is the bargaining representative for himself or herself but is a member of an employee organisation that was an applicant for the order.

Part 3 -- Conducting protected action ballots

Fair Work Act 2009

15  After subsection 443(3)

Insert:

          (3A)  For the purposes of paragraph (3)(c), the FWC must specify a date that will enable the protected action ballot to be conducted as expeditiously as practicable.

16  Subsection 449(2)

Before "in accordance with", insert "expeditiously and".