Fair Work (Registered Organisations) Regulations 2009

A ballot paper for use in a ballot of the members of an organisation in relation to a proposed amalgamation must be in the appropriate form mentioned in subregulation (2) or (3).

For a ballot in relation to a proposed amalgamation that does not contain an alternative provision:

an organisation may elect to use a ballot paper in a form specified as appropriate for this paragraph; or

if an election is not made, the organisation must use a form specified as appropriate for this paragraph.

For a ballot in relation to a proposed amalgamation that contains an alternative provision:

an organisation may elect to use a ballot paper in a form specified as appropriate for this paragraph; or

if an election is not made, the organisation must use a form specified as appropriate for this paragraph.

For subregulations (2) and (3), specified means:

specified in the Procedural Rules; or

otherwise specifically approved by the President.

An election under subregulation (2) or (3) must be approved by the committee of management of the organisation.

A notice of an election under subregulation (2) or (3), and a statement, signed by an authorised officer of the organisation, that the committee of management of the organisation has approved the election, must be lodged with the FWC:

at the time the relevant application under section 44 of the Act in respect of the proposed amalgamation is lodged; or

within such further time as the FWC allows.

The electoral official conducting a ballot may provide with the ballot paper:

directions to be followed by a member entitled to vote in the ballot so that the vote complies with these Regulations; and

other directions that the electoral official reasonably believes may assist in ensuring an irregularity does not occur in the conduct of the ballot; and

notes to assist a member entitled to vote in the ballot by informing him or her of matters relating to conduct of the ballot.