Commonwealth Numbered Regulations

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.17

         (1)   For section 458 and paragraphs 469 (b) and (e) of the Act, this regulation sets out requirements for the preparation of a report under subsection 458 (2) or (3) of the Act by the independent advisor for a protected action ballot agent.

Note    Subsection 458 (2) of the Act requires a protected action ballot agent or independent advisor to prepare a report about the conduct of the ballot. Subsection 458 (3) of the Act requires the agent or advisor to prepare a report at the direction of FWA.

         (2)   For the purpose of preparing the report, the independent advisor may:

                (a)    be present at the conduct of any part of a protected action ballot (including the scrutiny of the roll of voters); and

               (b)    request information held by the protected action ballot agent for the ballot; and

                (c)    make a recommendation to the ballot agent for the purpose of ensuring the conduct of the protected action ballot will be fair and democratic; and

               (d)    set out in his or her report:

                          (i)    a description of any recommendation made under paragraph (c); and

                         (ii)    whether the protected action ballot agent complied with the recommendation.