Commonwealth Numbered Regulations

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.13

         (1)   For section 445 and paragraph 469 (b) of the Act, this regulation sets out procedures to be followed for notifying employees in relation to the conduct of a protected action ballot.

Content of notice

         (2)   The protected action ballot agent for the ballot must, as soon as practicable after FWA makes the protected action ballot order, take all reasonable steps to notify each employee who is eligible to be included on the roll of voters that FWA has made the order.

         (3)   The notice must include:

                (a)    any matter specified by FWA in the ballot order; and

               (b)    the voting method or methods to be used; and

                (c)    each location (if any) at which the ballot will be conducted; and

               (d)    either:

                          (i)    the date or dates on which the ballot will be conducted; or

                         (ii)    the period during which the ballot will be conducted; and

                (e)    contact details for the protected action ballot agent; and

                (f)    contact details for the independent advisor (if any).

         (4)   The notice must also include:

                (a)    a statement that the employee may contact the protected action ballot agent to find out whether the employee is on the roll of voters; and

               (b)    a statement that the employee may ask the protected action ballot agent to add or remove the employee's name from the roll of voters; and

                (c)    a statement that the employee may raise any concerns or complaints about the conduct of the ballot (including any alleged irregularity) with:

                          (i)    the protected action ballot agent; or

                         (ii)    if the protected action ballot agent is not the Australian Electoral Commission -- FWA; or

                         (iii)    the independent advisor (if any).

Note    Section 453 of the Act sets out the circumstances in which an employee is eligible to be included on the roll of voters for the protected action ballot.

Manner of notification

         (5)   The protected action ballot agent may give the notice to an employee by doing any of the following:

                (a)    giving the notice to the employee personally;

               (b)    sending the notice by pre-paid post to:

                          (i)    the employee's residential address; or

                         (ii)    a postal address nominated by the employee;

                (c)    sending the notice to:

                          (i)    the employee's email address at work; or

                         (ii)    another email address nominated by the employee;

               (d)    sending to the employee's email address at work (or to another email address nominated by the employee) an electronic link that takes the employee directly to a copy of the notice on the employer's intranet;

                (e)    faxing the notice to:

                          (i)    the employee's fax number at work; or

                         (ii)    the employee's fax number at home; or

                         (iii)    another fax number nominated by the employee;

                (f)    displaying the notice in a conspicuous location at the workplace that is known by and readily accessible to the employee.

         (6)   Subregulation (5) does not prevent a protected action ballot agent from giving notice to an employee by another means.

Protected action ballot agent -- access to workplace

         (7)   An employer must allow the protected action ballot agent access to the workplace for the purpose of notifying employees of the  information about the protected action ballot.

         (8)   An employer must allow the protected action ballot agent access to the workplace for the purpose of preparing for, or conducting the protected action ballot.