Fair Work Commission

Introduction

The procedures for conducting either a postal vote or electronic vote are detailed below.

Because the ballot agent will be present at an attendance vote the Fair Work Regulations do not set out a specific procedure for conducting an attendance vote, however information on providing a replacement ballot paper for an attendance vote is also included below.

Postal voting procedure

If the ballot is conducted by postal voting, the ballot agent must, as soon as practicable, post to each employee who is to be balloted a sealed envelope that contains:

• the ballot paper, and
• information about:
  • the closing date of the ballot, and
  • the time, on the closing date, by which the agent must receive the employee’s vote, and
• an envelope in which the employee must place his or her ballot paper, and
• a prepaid envelope addressed to the ballot agent and that may be posted without cost to the employee, and
• any other material that the ballot agent considers to be relevant to the ballot.^[1]

Replacement ballot paper – postal voting

An employee who is to be balloted by postal voting may ask the ballot agent for a replacement ballot paper because:

• the employee did not receive a copy of the protected action ballot order or the associated documents, or
• the employee did not receive a ballot paper in those documents, or
• the ballot paper has been lost or destroyed, or
• the ballot paper has been spoilt.^[3]

The request for a replacement ballot paper must:

• be received by the ballot agent on or before the closing day of the ballot, and
• state the reason for the request, and
• if practicable, be accompanied by evidence that verifies, or tends to verify, the reason, and
• include a declaration by the employee that the employee has not voted at the ballot.^[4]

The ballot agent must give the employee a replacement ballot paper if satisfied that:

• the reason for the request is a reason mentioned in subregulation 3.18(5), and
• the request is in accordance with the requirements mentioned in subregulation 3.18(6), and
• the employee has not voted at the ballot.^[5]

Replacement ballot paper – attendance voting

If:

• an employee is to be balloted by attendance voting, and
• the employee satisfies the ballot agent, before depositing the ballot paper in the repository that serves to receive or hold ballot papers, that the employee has accidentally spoilt the paper;

the ballot agent must give the employee a replacement ballot paper.^[6]

The protected ballot agent must also:

• mark 'spoilt' on the ballot paper and initial the marking, and
• keep the ballot paper.^[7]

Conduct of protected action ballot by electronic voting

If a protected action ballot is conducted by electronic voting, the ballot agent must ensure that:

• only employees on the roll of voters are provided with access to the electronic voting system, and
• each employee to be balloted can vote only once in the ballot, and
• there is a record of who has voted, and
• there is no way of identifying how any employee has voted, and

the sum of the votes cast for each proposition and the votes cast against each proposition is the same as the total votes cast.^[8]

Electronic voting procedure

If the ballot is conducted by electronic voting, the ballot agent must, as soon as practicable, issue to each employee who is to be balloted the following:

• instructions that allow the employee to access the relevant electronic voting program, including a unique identifier that allows the employee to access the relevant electronic voting program
• information about the closing date for the ballot and the time, on the closing date, by which the ballot agent must receive the employee’s vote, and
• any other material that the ballot agent considers to be relevant to the ballot.^[9]

Replacement information – electronic voting

An employee may ask the ballot agent for a replacement of the information provided regarding the electronic voting procedure if:

• the employee did not receive information about how to access the electronic voting system, or
• the information regarding the electronic voting procedure has been lost or destroyed, or
• the unique identifier provided for the electronic voting procedure did not allow the employee to access the electronic voting system.^[10]

A request for the replacement of the information provided regarding the electronic voting procedure must:

• be received by the ballot agent on or before the closing day for the ballot, and
• state the reason for the request, and
• if it is available, be accompanied by evidence that verifies, or tends to verify, the reason given for the request, and
• include a declaration by the employee that the employee has not voted in the ballot.^[11]

The ballot agent must give an employee replacement information if satisfied that:

• the reason for the request is a reason mentioned in subregulation 3.18(7A), and
• the request is in accordance with the requirements mentioned in subregulation 3.18(7B), and

the employee has not voted in the ballot.^[12]

References