Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109B
Character Range: 413410–415240

109B  Who may apply for a ballot order etc.

When application can be made

 (1) A person referred to in subsection (3) may, during a bargaining period, apply to the Commission for an order for a ballot to be held to determine whether proposed industrial action has the support of relevant employees.

Note: For the duration of a bargaining period, see sections 107D (when it begins) and 107E (when it ends).

 (2) However, if there are one or more existing collective agreements binding on relevant employees, the application must not be made before:
 (a) if there is only one existing collective agreement—the nominal expiry date of the existing collective agreement; or
 (b) if there are 2 or more existing collective agreements—whichever is the last occurring of the nominal expiry dates of those existing collective agreements.

Who can apply

 (3) The following people may apply:
 (a) if the bargaining period was initiated by an organisation of employees—that organisation;
 (b) if the bargaining period was initiated by an employee or employees—any employee who is a negotiating party to the proposed collective agreement, or a group of such employees acting jointly.

Note: For joint applications, see section 109F.

Employee applications need support of prescribed number of employees

 (4) An employee, or a group of such employees acting jointly, cannot make an application unless the application has the support of at least the prescribed number of relevant employees.

Note: Prescribed number is defined in section 109A.

Employee applicants can appoint agent

 (5) A person or persons referred to in paragraph (3)(b) who wish to make an application under this section without disclosing their identities to their employer may appoint an agent to represent them for all purposes connected with the application.