Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 461

Commission must be satisfied of various matters

             (1)  The Commission must grant an application for a ballot order if, and must not grant the application unless, it is satisfied that:

                     (a)  during the bargaining period, the applicant genuinely tried to reach agreement with the employer of the relevant employees; and

                     (b)  the applicant is genuinely trying to reach agreement with the employer; and

                     (c)  the applicant is not engaged in pattern bargaining.

Note 1:       An application for a ballot order must comply with the requirements set out in Subdivision B.

Note 2:       To work out when a bargaining period began, see section 427.

Note 3:       For other provisions relating to pattern bargaining, see:

(a)           section 431; and

(b)           section 439; and

(c)           section 497.

When Commission has discretion to refuse application

             (2)  Despite subsection (1), the Commission may refuse the application if it is satisfied:

                     (a)  that granting the application would be inconsistent with the object of this Division (see section 449); or

                     (b)  that the applicant, or a relevant employee, has at any time contravened a provision of this Division or an order made, or direction given, under this Division.