Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109zc
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZC
Character Range: 438345–439791

109ZC  Effect of ballot

 (1) Industrial action is authorised by a protected action ballot if:
 (a) the action was the subject of a protected action ballot; and
 (b) at least 50% of persons on the roll of voters for the ballot voted in the ballot; and
 (c) more than 50% of the votes validly cast were votes approving the action; and
 (d) the action commences during the 30‑day period beginning on the date of the declaration of the results of the ballot.

Note: Industrial action must be authorised under this Division if it is to be protected action under Division 3 (unless the action is in response to industrial action by the employer)—see section 108J.

 (2) However, the action is not authorised to the extent that it occurs after the end of the bargaining period referred to in section 109B.

Note: If another bargaining period is initiated later, and industrial action is proposed for that later period, it can only be authorised if a fresh application for a ballot order is granted, and the other steps required by this Division are completed, during that later period.

 (3) The Commission may, by order, extend the 30‑day period mentioned in paragraph (1)(d) by up to 30 days if the employer and the applicant for the ballot order jointly apply to the Commission for the period to be extended.

 (4) The Commission must not make an order under subsection (3) extending the 30‑day period if that period has previously been extended.