Commonwealth Numbered Regulations

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 3.18

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

Ballot paper

         (2)   The protected action ballot agent for the ballot must issue to each employee who is to be balloted a ballot paper that bears:

                (a)    the agent's initials; or

               (b)    a facsimile of the agent's initials.

         (3)   If the ballot is conducted by postal voting, the agent must, as soon as practicable, post to each employee who is to be balloted a sealed envelope that contains:

                (a)    the ballot paper; and

               (b)    information about:

                          (i)    the closing date of the ballot; and

                         (ii)    the time, on the closing date, by which the agent must receive the employee's vote; and

                (c)    an envelope in which the employee must place his or her ballot paper; and

               (d)    a prepaid envelope addressed to the protected action ballot agent and that may be posted without cost to the employee; and

                (e)    any other material that the protected action ballot agent considers to be relevant to the ballot.

         (4)   The envelope mentioned in paragraph (3) (c) must:

                (a)    set out a form of declaration that the employee has not voted before in the ballot; and

               (b)    have a place on which the employee can sign the envelope; and

                (c)    be able to fit into the prepaid envelope mentioned in paragraph (3) (d). 

Replacement ballot paper -- postal voting

         (5)   An employee who is to be balloted by postal voting may ask the protected action ballot agent for a replacement ballot paper because:

                (a)    the employee did not receive the documents mentioned in subregulation 3.13 (3); or

               (b)    the employee did not receive a ballot paper in those documents; or

                (c)    the ballot paper has been lost or destroyed; or

               (d)    the ballot paper has been spoilt.

         (6)   The request must:

                (a)    be received by the protected action ballot agent on or before the closing day of the ballot; and

               (b)    state the reason for the request; and

                (c)    if practicable, be accompanied by evidence that verifies, or tends to verify, the reason; and

               (d)    include a declaration by the employee that the employee has not voted at the ballot.

         (7)   The protected action ballot agent must give the employee a replacement ballot paper if the agent is satisfied that:

                (a)    the reason for the request is a reason mentioned in subregulation (5); and

               (b)    the request is in accordance with the requirements mentioned in subregulation (6); and

                (c)    the employee has not voted at the ballot.

Replacement ballot paper -- other voting

         (8)   If:

                (a)    an employee is to be balloted otherwise than by postal voting; and

               (b)    the employee satisfies the protected action ballot agent, before depositing the ballot paper in the ballot box, that the employee has accidentally spoilt the paper;

the protected action ballot agent must give the employee a replacement ballot paper.

         (9)   The protected ballot agent must also:

                (a)    mark "spoilt" on the ballot paper and initial the marking; and

               (b)    keep the ballot paper.