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INDUSTRIAL RELATIONS ACT 1996 - SECT 37
Secret ballots under this Part
37 Secret ballots under this Part
(1) Except as provided by subsection (2), a secret ballot under this Part must
be conducted by a person (other than the employer or a person selected by that
employer) on behalf of the employees entitled to vote in the ballot, being a
person who meets any other requirement that may be imposed by the regulations
or the principles established by the Commission.
(2) If, within 14 days next
following the holding of such a ballot, the Industrial Registrar receives a
written complaint from at least 20% of the persons entitled to vote in the
ballot alleging specified irregularities in the conduct of the ballot and
requesting that a further secret ballot be conducted by an independent person,
the Industrial Registrar may (if of the opinion that such action is justified)
arrange with the persons concerned-- (a) for the conduct of such a further
secret ballot, and
(b) for evidence of the result of the further ballot to be
supplied to the Industrial Registrar.
(3) The Commission may adjourn
proceedings for the approval of an enterprise agreement if a request is made
for a further ballot.
(4) The Industrial Registrar may, in any special case,
extend the time for receiving a request for a further ballot.
(5) The result
of a further ballot is to be disregarded if the Industrial Registrar is not
satisfied that it has been conducted in accordance with the Industrial
Registrar's directions.
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