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FAIR WORK REGULATIONS 2009 - REG 3.20 Conduct of protected action ballot--scrutineers

FAIR WORK REGULATIONS 2009 - REG 3.20

Conduct of protected action ballot--scrutineers

  (1)   For paragraph   469(d) of the Act, this regulation sets out matters relating to the qualifications, appointment, powers and duties of scrutineers for a protected action ballot.

Appointment

  (2)   The employer may appoint 1 or more scrutineers to perform the functions set out in this regulation.

  (3)   The applicant for a protected action ballot may appoint 1 or more scrutineers to perform the functions set out in this regulation.

  (4)   An appointment under subregulation   (2) or (3) must be made by an instrument signed on behalf of the employer or applicant.

  (5)   A person who does not have a current appointment under subregulation   (2) or (3):

  (a)   is not a scrutineer; and

  (b)   is not permitted to attend the scrutiny of ballot material as a scrutineer; and

  (c)   is not permitted to perform the functions set out in this regulation.

Functions

  (6)   A scrutineer may be present at the scrutiny of ballot material as follows:

  (a)   if the ballot is conducted by postal voting or by electronic voting, the scrutineer may be present after the protected action ballot agent has acted under subregulation   3.19(8) to remove evidence of an employee's identity;

  (b)   if the ballot is not conducted by postal voting or by electronic voting, the scrutineer may be present when the protected action ballot agent is ready to conduct the scrutiny of the ballot material.

  (7)   However:

  (a)   the total number of scrutineers in attendance at a particular time at the scrutiny of the ballot material must not exceed the total number of people who are:

  (i)   performing functions and duties as, or on behalf of, the protected action ballot agent; and

  (ii)   engaged on the scrutiny of the ballot material at that time; and

  (b)   if a person fails to produce the person's instrument of appointment as a scrutineer for inspection by the protected action ballot agent for the ballot, when requested by the agent to do so, the agent may refuse to allow the person to attend or act as a scrutineer.

  (8)   At the scrutiny of the ballot material:

  (a)   if the scrutineer objects to a decision that a vote is formal or informal, the scrutineer may inform the protected action ballot agent of the objection; and

  (b)   if the scrutineer considers that an error has been made in the conduct of the scrutiny, the scrutineer may inform the protected action ballot agent of the scrutineer's opinion.