Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p30
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 30/32)
Character Range: 122806–125448

Note: Subsection 450(4) of the Act allows the FWC to direct the provision of information required to assist in compiling a roll of voters. Subsection 452(3) allows the protected action ballot agent to make a similar direction.
 (2) The applicant or employer must include with the information a declaration in writing that the applicant or employer reasonably believes that the information is complete, up‑to‑date and accurate.

3.16  Protected action ballot papers—form
 (1) For paragraph 455(1)(a) of the Act, the form of a ballot paper for a protected action ballot that is to be conducted by attendance voting or postal voting is set out in Form 1 of Schedule 3.2.
 (2) For paragraphs 455(1)(b) and 469(c) of the Act, a ballot paper for a protected action ballot that is to be conducted by electronic voting must include the information and the content set out in Form 1 of Schedule 3.2.

3.16A  Conduct of protected action ballot by electronic voting
 (1) If a protected action ballot is conducted by electronic voting, the protected action ballot agent must ensure that:
 (a) only employees on the roll of voters are provided with access to the electronic voting system; and
 (b) each employee to be balloted can vote only once in the ballot; and
 (c) there is a record of who has voted; and
 (d) there is no way of identifying how any employee has voted; and
 (e) the sum of the votes cast for each proposition and the votes cast against each proposition is the same as the total votes cast.

3.17  Report about conduct of protected action ballot—independent advisor
 (1) For section 458 and paragraphs 469(b) and (e) of the Act, this regulation sets out requirements for the preparation of a report under subsection 458(2) or (3) of the Act by the independent advisor for a protected action ballot agent.
Note: Subsection 458(2) of the Act requires a protected action ballot agent or independent advisor to prepare a report about the conduct of the ballot. Subsection 458(3) of the Act requires the agent or advisor to prepare a report at the direction of the FWC.
 (2) For the purpose of preparing the report, the independent advisor may:
 (a) be present at the conduct of any part of a protected action ballot (including the scrutiny of the roll of voters); and
 (b) request information held by the protected action ballot agent for the ballot; and
 (c) make a recommendation to the ballot agent for the purpose of ensuring the conduct of the protected action ballot will be fair and democratic; and
 (d) set out in his or her report:
 (i) a description of any recommendation made under paragraph (c); and
 (ii) whether the protected