Fair Work Act 2009

This section applies if:

the FWC has made a protected action ballot order; and

the FWC proposes to make another protected action ballot order or orders; and

the orders would require a protected action ballot to be held in relation to industrial action by employees of the same employer or employees at the same workplace.

The FWC may make, or vary, the protected action ballot orders so as to require the protected action ballots to be held at the same time if the FWC is satisfied:

that the level of disruption of the employer’s enterprise, or at the workplace, could be reduced if the ballots were held at the same time; and

that requiring the ballots to be held at the same time will not unreasonably delay either ballot.