WORKPLACE RELATIONS ACT 1996 - SECT 463 Matters to be included in order

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 463

             (1)  An order for a protected action ballot to be held must specify the following:

                     (a)  the name of:

                              (i)  if the applicant is an organisation of employees--the organisation; or

                             (ii)  if the applicant is an employee, or a group of employees, represented by an applicant's agent--the applicant's agent; or

                            (iii)  if the applicant is an employee, or a group of employees, not represented by an applicant's agent--the employee or employees;

                     (b)  the types of employees who are to be balloted;

                     (c)  the voting method;

                     (d)  the timetable for the ballot, including:

                              (i)  the day on which the roll of voters is to close, which must be a day at least 2 working days before the day on which the ballot is to be held, or is to start to be held; and

                             (ii)  the day on which the ballot is to close, and the time (the voting closing time ) on that day by which votes must be received (if the order specifies a postal ballot) or by which votes must be cast (if the order specifies an attendance ballot);

                     (e)  the name of the person authorised by the Commission to conduct the ballot;

                      (f)  the name of the person (if any) authorised by the Commission to be the independent adviser for the ballot;

                     (g)  the question or questions to be put to the relevant employees in the ballot, including the nature of the proposed industrial action.

Note 1:       Section 480 specifies who may be authorised by the Commission to conduct protected action ballots.

Note 2:       Section 481 specifies who may be authorised by the Commission to be the independent adviser for a protected action ballot.

             (2)  The order must specify a postal ballot as the voting method unless:

                     (a)  the order specifies another voting method; and

                     (b)  the Commission is satisfied that the other voting method is more efficient and expeditious than a postal ballot.

             (3)  If the order specifies a postal ballot as the voting method, it must specify that the voting must take place by way of declaration voting. For this purpose, a person votes by way of declaration voting if the person:

                     (a)  marks his or her vote on a ballot paper; and

                     (b)  places the ballot paper in a declaration envelope; and

                     (c)  seals that envelope and signs his or her name in the space provided on the back flap of that envelope; and

                     (d)  places that envelope in an outer envelope that is addressed to the authorised ballot agent; and

                     (e)  posts the outer envelope so that it reaches the authorised ballot agent before the voting closing time on the day on which the ballot is to close.

             (4)  If the order specifies an attendance ballot as the voting method, then:

                     (a)  votes must be cast before the voting closing time on the day on which the ballot is to close; and

                     (b)  subject to paragraph (a):

                              (i)  the order must specify that the voting must take place during the voters' meal‑time or other breaks, or outside their hours of employment; and

                             (ii)  the order may also specify other rules about the times when voters may vote.

             (5)  If the Commission is satisfied, in relation to the proposed industrial action that is the subject of the order, that there are exceptional circumstances justifying the period of written notice referred to in paragraph 441(2)(b) being longer than 3 days, the order may specify a longer period, of up to 7 days.