Fair Work Commission

Who may vote

See Fair Work Act s.456

An employee may vote in the protected action ballot only if the employee’s name is on the roll of voters for the ballot.

Compilation of roll of voters

See Fair Work Act s.452

This section applies if:

• the ballot agent is the Australian Electoral Commission (the AEC), or
• the Commission has directed the alternative ballot agent to comply with this section.

Note:  If this section does not apply, the ballot agent must comply with directions given by the Commission in relation to the matters dealt with by this section.

As soon as practicable after receiving a copy of the protected action ballot order, the ballot agent must compile the roll of voters for the protected action ballot.

For the purpose of compiling the roll of voters, the ballot agent may direct, in writing, the employer of the employees who are to be balloted, or the applicant for the order (or both), to give to the ballot agent:

• the names of the employees included in the group or groups of employees specified in the protected action ballot order, and
• any other information that it is reasonable for the ballot agent to require to assist in compiling the roll of voters.

If:

• an applicant for a protected action ballot order, or
• the employer of an employee who is to be balloted;

provides information as directed, the applicant or employer must include with the information a declaration in writing that the applicant or employer reasonably believes that the information is complete, up-to-date and accurate.^[1]

Who is eligible to be included on the roll of voters

See Fair Work Act s.453

An employee is only eligible to be included on the roll of voters for the protected action ballot if:

• the employee will be covered by the proposed enterprise agreement to which the ballot relates, and
• the employee is included in a group of employees specified in the protected action ballot order and either:
  • is represented by a bargaining representative who was an applicant for the order, or
  • is the bargaining representative for himself or herself but is also a member of a union that was an applicant for the order.

Variation of roll of voters

 See Fair Work Act s.454

Variation by protected action ballot agent on request

The provisions relating to adding or removing names to the roll of voters apply if:

• the protected action ballot agent is the AEC, or
• the Commission has directed the alternative ballot agent to comply with those subsections.

Note:  If the provisions relating to adding or removing names to the roll of voters do not apply, the ballot agent must comply with directions given by the Commission in relation to the matters dealt with by those subsections.

Adding names to the roll of voters

The ballot agent must include an employee’s name on the roll of voters for the protected action ballot if:

• the ballot agent is requested to do so by:
  • an applicant for the protected action ballot order, or
  • the employee, or
  • the employee's employer, and
• the ballot agent is satisfied that the employee is eligible to be included on the roll of voters, and
• the request is made before the end of the working day before the day on which voting in the ballot starts.

Removing names from the roll of voters

The ballot agent must remove an employee’s name from the roll of voters for the protected action ballot if:

• the ballot agent is requested to do so by:
  • an applicant for the protected action ballot order, or
  • the employee, or
  • the employee's employer, and
• the ballot agent is satisfied that the employee is not eligible to be included on the roll of voters, and
• the request is made before the end of the working day before the day on which voting in the ballot starts.

The ballot agent must remove a person’s name from the roll of voters for the protected action ballot if:

• the person (the former employee) is no longer employed by the employer (the former employer) of the employees who are to be balloted, and
• the ballot agent is requested to do so by:
  • an applicant for the protected action ballot order, or
  • the former employee, or
  • the former employer, and
• the request is made before the end of the working day before the day on which voting in the ballot starts.

Variation by AEC on its own initiative

If the ballot agent is the AEC, the AEC may, on its own initiative and before the end of the working day before the day on which voting in the ballot starts:

• include an employee’s name on the roll of voters for the protected action ballot if the AEC is satisfied that the employee is eligible to be included on the roll of voters, or
• remove an employee’s name from the roll of voters for the protected action ballot if the AEC is satisfied that the employee is not eligible to be included on the roll of voters, or
• remove a person’s name from the roll of voters for the protected action ballot if the person is no longer employed by the employer of the employees who are to be balloted.

Reference