See Fair Work Act s.447
An applicant for a protected action ballot order or the ballot agent for a protected action ballot can apply to the Commission to vary the order for a variety of reasons.
There is no requirement for the Commission to approve a variation.
An applicant for a protected action ballot order may apply to the Commission to vary the order.
Situations that may lead to an application to vary a protected action ballot order include:
An applicant for a protected action ballot order may also apply to vary the order to change the date that voting in the ballot closes.
The ballot agent for a protected action ballot may apply to the Commission to vary the protected action ballot order to change the date by which voting in the ballot closes.
Situations that may lead to an application to vary a protected action ballot order by a ballot agent to change the date that voting in the ballot closes include:
An application may be made:
An application to vary a protected action ballot order made to the Commission must include the following documentation:
If an application is made to vary a protected action ballot order, the Commission may vary the protected action ballot order.
If the Commission makes a decision or order, a copy of the decision or order must be published on the Commission’s website (or by any other means) as soon as practicable.[2]
All forms are available on the Forms page of the Commission's website.