Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This regulation applies if the Commission makes an order for a protected action ballot to be held.
(2) The authorised ballot agent in relation to the ballot must, as soon as practicable after the Commission makes the order, take all reasonable steps to give all employees eligible to be included on the roll of voters the following information:
(a) advice that the Commission has made the order;
(b) the matters specified in the ballot order;
(c) the times and locations at which an attendance vote (if any) may occur;
(d) the contact details of the authorised ballot agent;
(e) if a person has been authorised to be the independent advisor for the ballot -- the person's name and contact details;
(f) a statement of the employee's right to contact the authorised ballot agent to confirm whether the employee is on the roll of voters;
(g) a statement of the employee's right to seek to be included on the roll of voters under section 468 of the Act;
(h) a statement of the employee's right to inform the authorised ballot agent or the independent advisor (if any) of any irregularities in the conduct of the ballot.
(3) The authorised ballot agent is taken to have complied with subregulation (2) if the agent:
(a) displays notices containing the information in subregulation (2) in prominent places around each workplace at which employees affected by the ballot are located; or
(b) e‑mails or posts a copy of that information to all employees who are eligible to be included on the roll of voters.
(4) An employer must allow the authorised ballot agent access to the workplace for the purpose of placing notices containing the information around the workplace.
(5) Strict liability applies to the physical elements in subregulation (4).
Note For strict liability , see section 6.1 of the Criminal Code .
(6) Subregulation (4) is a civil penalty provision.
Note See section 819 and subsection 846 (2) of the Act.