Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109A
Character Range: 411125–413410

109A  Definitions

  In this Division:

applicant means an applicant for a ballot order.

applicant's agent means an agent appointed by an employee, or by a group of employees, under subsection 109B(5).

authorised ballot agent, in relation to a protected action ballot, means the person authorised by the Commission in the ballot order to conduct the ballot.

authorised independent adviser, in relation to a protected action ballot, means the person authorised by the Commission in the ballot order to be the independent adviser for the ballot.

ballot order means an order made under section 109M requiring a protected action ballot to be held.

declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the information prescribed by the regulations.

joint applicant means a person who is participating, or has participated, in making a joint application under section 109F.

party, in relation to an application for a ballot order, means either of the following:
 (a) the applicant;
 (b) the employer of the relevant employees.

prescribed number, in relation to relevant employees, means:
 (a) if there are fewer than 80 relevant employees—4; or
 (b) if there are at least 80, but not more than 5,000, relevant employees—5% of the number of such employees; or
 (c) if there are more than 5,000 relevant employees—250.

protected action ballot means a ballot under this Division.

relevant employee, in relation to proposed industrial action against an employer in respect of a proposed collective agreement, means:
 (a) if an organisation of employees is a negotiating party to the agreement—any member of the organisation who is employed by the employer and whose employment will be subject to the agreement; and
 (b) if an employee is a negotiating party to the agreement—any employee who is a negotiating party to the agreement;
but does not include an employee who is bound by an AWA whose nominal expiry date has not passed.

roll of voters means a list compiled:
 (a) by the Commission under section 109Q; or
 (b) by an authorised ballot agent in compliance with an order of the Commission under section 109Q.

Subdivision B—Application for order for protected action ballot to be held