Inquiries into irregularities
108 Inquiries into irregularities
Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.
If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:
if the ballot has not been completed—order that a step in relation to the ballot be taken again; or
in any other case—order that a fresh ballot be conducted in place of the ballot in which the irregularity happened;
and may make such further orders as it considers necessary or desirable.
The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.
This provision refers to the regulations (The regulations may make
). Made under this Act:
- Fair Work (Registered Organisations) Regulations 2009 · under sch 1B (s 359)
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