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Section : Protected action ballot conducted by person other than the Australian Electoral Commission
Domain : Human Resource Management
Classification : Not Identified
Text Content
(2) If: 394 Fair Work Act 2009 No. 28, 2009 (a) the protected action ballot agent is not the Australian Electoral Commission; and (b) the protected action ballot agent or the independent advisor (if any) for the protected action ballot: (i) receives any complaints about the conduct of the ballot; or (ii) becomes aware of any irregularities in relation to the conduct of the ballot; the protected action ballot agent or the independent advisor (as the case may be) must prepare a report about the conduct of the ballot and give it to FWA. Note: This subsection is a civil remedy provision (see Part 4-1). (3) If: (a) the protected action ballot agent is not the Australian Electoral Commission; and (b) FWA: (i) receives any complaints about the conduct of the protected action ballot; or (ii) becomes aware of any irregularities in relation to the conduct of the ballot; FWA must, in writing, direct the protected action ballot agent or the independent advisor (if any) for the ballot (or both) to prepare a report about the conduct of the ballot and give it to FWA. (4)