Fair Work (Registered Organisations) Act 2009

Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.

An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.

If the General Manager is satisfied, on application by an organisation under subsection (2):

that the proposed alterations of the rules:

comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and

are not otherwise contrary to law; and

have been decided on under the rules of the organisation; and

that the conduct of a ballot under the rules of the organisation as proposed to be altered:

is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and

will afford to members entitled to vote an adequate opportunity of voting without intimidation;

Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).

An exemption under subsection (3) remains in force until revoked under subsection (6).

The General Manager may revoke an exemption granted to an organisation under subsection (3):

on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or

if the General Manager is no longer satisfied:

that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or

of a matter referred to in paragraph (3)(b);

Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).

An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.

Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).

Subsection 604(1) of the Fair Work Act provides for appeals from certain decisions of the General Manager.

This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.