WORKPLACE RELATIONS ACT 1996 - SECT 477 Ballot reports

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 477

Report by authorised ballot agent

             (1)  As soon as practicable after the day on which the ballot closes, the authorised ballot agent must give the Industrial Registrar a written report about the conduct of the ballot.

Note:          This subsection is a civil remedy provision: see subsection (7).

             (2)  A report under subsection (1) must set out details of:

                     (a)  any complaints made to the authorised ballot agent about the conduct of the ballot; and

                     (b)  any irregularities in relation to the conduct of the ballot that have come to the attention of the authorised ballot agent.

             (3)  Subsection (2) does not limit subsection (1).

Report by authorised independent adviser

             (4)  As soon as practicable after the end of the voting, the authorised independent adviser (if any) must give the Industrial Registrar a written report about the conduct of the ballot.

Note:          This subsection is a civil remedy provision: see subsection (7).

             (5)  A report under subsection (4) must set out details of:

                     (a)  any complaints made to the authorised independent adviser about the conduct of the ballot; and

                     (b)  any irregularities in relation to the conduct of the ballot that have come to the attention of the authorised independent adviser.

             (6)  Subsection (5) does not limit subsection (4).

Civil remedy provisions

             (7)  Subsections (1) and (4) are civil remedy provisions.

             (8)  The Court may order a person who has contravened subsection (1) or (4) to pay a pecuniary penalty.

             (9)  The pecuniary penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

           (10)  An application for an order under subsection (8) may be made by:

                     (a)  an employee who is eligible to be included on the roll of voters for the protected action ballot concerned; or

                     (b)  an employer of employees referred to in paragraph (a); or

                     (c)  an applicant for the order for the protected action ballot concerned to be held; or

                     (d)  a workplace inspector; or

                     (e)  any other person prescribed by the regulations.

Note:          For other provisions about civil remedy provisions, see Division 3 of Part 14.

Definitions

           (11)  In this section:

"conduct" , in relation to a protected action ballot, includes, but is not limited to, the compilation of the roll of voters for the ballot.

"irregularity" , in relation to the conduct of a protected action ballot, includes, but is not limited to, an act or omission by means of which the full and free recording of votes by all persons entitled to record votes and by no other persons is, or is attempted to be, prevented or hindered.