Varying a protected action ballot order

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Introduction

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.

Making the application

An applicant for a protected action ballot order may apply to the Commission to vary the order.

Example

Situations that may lead to an application to vary a protected action ballot order include:

  • if there has been a change to the employees eligible to be included on the role of voters, or
  • to correct an error in the original application.

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.

Example

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:

  • if the applicant was intending to have the vote conducted as an attendance ballot and the AEC advised that it is only able to conduct the vote by postal ballot, the ballot period can be extended to allow for the change in ballot process, or
  • if the AEC needs a longer period to conduct the ballot than was previously considered when the application for a protected action ballot order was made.

An application may be made:

  • at any time before the date by which voting in the protected action ballot closes, or
  • if the ballot has not been held before that date and the Commission consents—after that time.

An application to vary a protected action ballot order made to the Commission must include the following documentation:

  • a completed and signed application form [Form F35], and
  • a copy of the protected action ballot order to which the application relates.[1]

Powers of the Commission

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]

Link to application form

All forms are available on the Forms page of the Commission's website.

References

[1] Fair Work Commission Rules r.31(3).

[2] Fair Work Act s.601.

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