Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 243

243 Secret ballot on valid majority

(1) This section applies if—

(a) the commission is required under this chapter to be satisfied a valid majority of the persons employed at a particular time—

(i) have made or terminated a bargaining instrument; or

(ii) have given an approval in relation to a bargaining instrument; and

(b) the commission is not satisfied.

(2) The commission may order a vote be taken by secret ballot, in accordance with the commission’s directions, of employees to whom the bargaining instrument applies or will apply to find out whether the employees would make or terminate the bargaining instrument or give the approval.

(3) An order under subsection (2) may include a provision for absent voting.

(4) If a majority of the validly cast votes is in favour of making or terminating the bargaining instrument, or giving the approval, the commission is taken to be satisfied of the requirement.

(5) Before a vote is taken, the commission may revoke an order under subsection (2) if the commission becomes satisfied the requirement mentioned in subsection (1) (a) has been met.

(6) In this section—

"bargaining instrument" includes a proposed bargaining instrument.