Commonwealth Consolidated Regulations

WORKPLACE RELATIONS REGULATIONS 2006 - REG 2.9.18

         (1)   The authorised ballot agent conducting a protected action ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.

         (2)   As soon as practicable after the close of the ballot, the authorised ballot agent must:

                (a)    admit the valid ballot papers and reject the informal ballot papers; and

               (b)    count the valid ballot papers , and record the number:

                          (i)    in favour of the question or questions; and

                         (ii)    against the question or questions; and

                (c)    count the informal ballot papers .

         (3)   The authorised ballot agent may:

                (a)    remove a ballot paper from a declaration envelope; and

               (b)    act under subregulation (2);

as soon as the agent receives the declaration envelope.

         (4)   A vote is informal only if:

                (a)    the ballot paper does not bear:

                          (i)    the initials of an authorised ballot agent; or

                         (ii)    a facsimile of those initials; or

               (b)    the ballot paper is marked in a way that permits the employee to be identified; or

                (c)    the ballot paper is not marked in a way that makes it clear how the employee meant to vote; or

               (d)    a person returning material mentioned in paragraph 9.15 (2) (c) with the ballot paper does not comply with a direction given under regulation 9.12.

         (5)   However, a vote is not informal because of paragraph (4) (a) if the authorised ballot agent is satisfied the ballot paper in question is authentic.

         (6)   If the authorised ballot agent conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, the agent must:

                (a)    decide whether the ballot paper is to be admitted as formal or rejected as informal; and

               (b)    endorse that decision on the ballot paper and initial the endorsement.

         (7)   If the authorised ballot agent conducting the ballot is informed by a scrutineer to the effect that, in the scrutineer's opinion, an error has been made in the conduct of the scrutiny, the authorised ballot agent must decide whether an error has been made and, if appropriate, direct what action is to be taken to correct or mitigate the error.