Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p27
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 27/32)
Character Range: 115397–118152

action by the FWC

3.10  Persons who can apply for an order to suspend or terminate protected industrial action
  For subparagraph 424(2)(b)(iii) of the Act, the following persons may apply for an order suspending or terminating protected industrial action for a proposed enterprise agreement:
 (a) if the industrial action is being engaged in, or is threatened, impending or probable, in a State that is not a referring State as defined in section 30B or 30L of the Act—the Minister of the State who has responsibility for workplace relations matters in the State;
 (b) an organisation or other person directly affected, or who would be directly affected, by the industrial action other than an employee who will be covered by the agreement.

Division 8—Protected action ballots

3.11  Requirements for protected action ballot agent
 (1) For the purposes of paragraph 444(1D)(c) of the Act, this regulation prescribes requirements that the FWC must be satisfied have been met before a person becomes the protected action ballot agent for a protected action ballot.
Note: The person must also be a fit and proper person to conduct a protected action ballot.
 (2) The person must be capable of ensuring the secrecy and security of votes cast in the ballot.
 (3) The person must be capable of ensuring that the ballot will be fair and democratic.
 (4) The person must be capable of conducting the ballot expeditiously.
 (5) The person must have agreed to be a protected action ballot agent.
 (6) The person must be bound to comply with the Privacy Act 1988 in respect to the handling of information relating to the protected action ballot.
 (7) If the person is an industrial association or a body corporate, the FWC must be satisfied that:
 (a) each individual who will carry out the functions of the protected action ballot agent for the industrial association or body corporate is a fit and proper person to conduct the ballot; and
 (b) the requirements in subregulations (2) to (6) are met for the individual.

3.12  Requirements for independent advisor
 (1) For subparagraph 444(3)(c)(ii) of the Act, this regulation sets out requirements that the FWC must be satisfied have been met before a person becomes the independent advisor for a protected action ballot.
Note: The person must also be sufficiently independent of each applicant for the protected action ballot order.
 (2) The person must be capable of giving the protected action ballot agent:
 (a) advice that is directed towards ensuring that the ballot will be fair and democratic; and
 (b) recommendations that are directed towards ensuring that the ballot will be fair and democratic.
 (3) The person must have agreed to be the independent advisor.

3.13  Notice of protected action ballot