Fair Work (Registered Organisations) Regulations 2009

For the purposes of subsection 107(3) of the Act, the following matters are prescribed for inclusion in the report:

the certificate mentioned in subsection 106(1) of the Act;

the total number of envelopes posted in accordance with regulation 91 that were returned undelivered by the closing date of the ballot to the AEC (if applicable);

any rules of the organisation or branch which because of ambiguity or other reason, were difficult to interpret or apply;

any matters in relation to the roll of voters including those matters contained in subsection 107(4) of the Act;

the number of written allegations (if any) of irregularities made to the AEC during the ballot;

action taken by the AEC in relation to those allegations;

any other irregularities identified by the AEC and action taken by the AEC in relation to those other irregularities.

The AEC must:

give the report under subsection 107(1) of the Act within 14 days after the closing day of the ballot; and

publish the report on its web site as soon as practicable, but no later than 21 days after the closing day of the ballot.

The amalgamated organisation from which the constituent part withdrew or sought to withdraw must, as soon as practicable after receiving a report mentioned in paragraph (2)(a), publish a notice of the availability of the report:

on the amalgamated organisation’s website; or

if the amalgamated organisation does not have a website—in a manner that is reasonably accessible to the organisation’s members.

A notice published under subregulation (3) must remain on the web site until the end of the period in which an application may be made under section 108 of the Act.