Fair Work Regulations 2009

For section 458 and paragraphs 469(b) and (e) of the Act, this regulation sets out requirements for the preparation of a report under subsection 458(2) or (3) of the Act by the independent advisor for a protected action ballot agent.

Subsection 458(2) of the Act requires a protected action ballot agent or independent advisor to prepare a report about the conduct of the ballot. Subsection 458(3) of the Act requires the agent or advisor to prepare a report at the direction of the FWC.

For the purpose of preparing the report, the independent advisor may:

be present at the conduct of any part of a protected action ballot (including the scrutiny of the roll of voters); and

request information held by the protected action ballot agent for the ballot; and

make a recommendation to the ballot agent for the purpose of ensuring the conduct of the protected action ballot will be fair and democratic; and

set out in his or her report:

a description of any recommendation made under paragraph (c); and

whether the protected action ballot agent complied with the recommendation.