FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 444 FWA may decide on ballot agent other than the Australian Electoral Commission and independent advisor

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 444

Alternative ballot agent

             (1)  FWA may decide that a person other than the Australian Electoral Commission is to be the protected action ballot agent for a protected action ballot only if:

                     (a)  the person is specified in the application for the protected action ballot order as the person the applicant wishes to be the protected action ballot agent; and

                     (b)  FWA is satisfied that:

                              (i)  the person is a fit and proper person to conduct the ballot; and

                             (ii)  any other requirements prescribed by the regulations are met.

             (2)  The regulations may prescribe:

                     (a)  conditions that a person must meet in order to satisfy FWA that the person is a fit and proper person to conduct a protected action ballot; and

                     (b)  factors that FWA must take into account in determining whether a person is a fit and proper person to conduct a protected action ballot.

Independent advisor

             (3)  FWA may decide that a person (the other person ) is to be the independent advisor for a protected action ballot if:

                     (a)  FWA has decided that a person other than the Australian Electoral Commission is to be the protected action ballot agent for the ballot; and

                     (b)  FWA considers it appropriate that there be an independent advisor for the ballot; and

                     (c)  FWA is satisfied that:

                              (i)  the other person is sufficiently independent of each applicant for the protected action ballot order; and

                             (ii)  any other requirements prescribed by the regulations are met.