WORKPLACE RELATIONS ACT 1996 - SECT 450 Definitions

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 450

                   In this Division:

"applicant" means an applicant for a ballot order.

"applicant's agent" means an agent appointed by an employee, or by a group of employees, under subsection 451(5).

"authorised ballot agent" , in relation to a protected action ballot, means the person authorised by the Commission in the ballot order to conduct the ballot.

"authorised independent adviser" , in relation to a protected action ballot, means the person authorised by the Commission in the ballot order to be the independent adviser for the ballot.

"ballot order" means an order made under section 462 requiring a protected action ballot to be held.

"declaration envelope" means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the information prescribed by the regulations.

"joint applicant" means a person who is participating, or has participated, in making a joint application under section 455.

"party" , in relation to an application for a ballot order, means either of the following:

                     (a)  the applicant;

                     (b)  the employer of the relevant employees.

"prescribed number" , in relation to relevant employees, means:

                     (a)  if there are fewer than 80 relevant employees--4; or

                     (b)  if there are at least 80, but not more than 5,000, relevant employees--5% of the number of such employees; or

                     (c)  if there are more than 5,000 relevant employees--250.

"protected action ballot" means a ballot under this Division.

"relevant employee" , in relation to proposed industrial action against an employer in respect of a proposed collective agreement, means:

                     (a)  if an organisation of employees is a negotiating party to the agreement--any member of the organisation who is employed by the employer and whose employment will be subject to the agreement; and

                     (b)  if an employee is a negotiating party to the agreement--any employee who is a negotiating party to the agreement;

but does not include an employee who is bound by an ITEA whose nominal expiry date has not passed.

"roll of voters" means a list compiled:

                     (a)  by the Commission under section 466; or

                     (b)  by an authorised ballot agent in compliance with an order of the Commission under section 466.