Fair Work Act 2009

This section applies if the protected action ballot agent is not the Australian Electoral Commission.

The FWC must give the protected action ballot agent written directions in relation to the following matters relating to the protected action ballot:

the development of a timetable;

the voting method, or methods, to be used (which cannot be a method involving a show of hands);

the compilation of the roll of voters;

the addition of names to, or removal of names from, the roll of voters;

any other matter in relation to the conduct of the ballot that the FWC considers appropriate.

For the purposes of paragraph (2)(b), examples of voting methods are attendance voting, electronic voting and postal voting.

A protected action ballot agent must not contravene a term of a direction given by the FWC in relation to a protected action ballot (see subsection 463(2)).

A direction given under subsection (2) may require the protected action ballot agent to comply with a provision of this Subdivision (other than subsection 454(5)) in relation to a particular matter.

Subsection 454(5) provides for the Australian Electoral Commission to vary the roll of voters on its own initiative.

To enable the roll of voters to be compiled, the FWC may direct, in writing, either or both of the following:

the employer of the employees who are to be balloted;

the applicant for the protected action ballot order;

the names of the employees included in the group or groups of employees specified in the protected action ballot order; and

any other information that it is reasonable for the FWC or the protected action ballot agent to require to assist in compiling the roll of voters.