See Fair Work Act s.459
Industrial action is authorised if:
- the industrial action was the subject of the ballot
- at least 50% of employees on the roll of voters for the ballot voted in the ballot
- more than 50% of the valid votes cast were votes approving the industrial action, and
- the industrial action commences within the 30 day period starting on date of declaration of the results of the ballot, or if the Commission has extended that period by a further 30 days, within that period. Where a ballot authorises various types of industrial action, a particular type of industrial action must be commenced within the 30 day period, or any further 30 day period allowed by the Commission, in order for that industrial action to remain protected after the 30 day expires.
If the protected action ballot includes questions or a series of questions specifying periods of industrial action of a particular duration and does not specify that consecutive periods of industrial action may be organised or engaged in, only the first period is taken as the subject of the ballot.
A previous failed protected action ballot is no impediment to seeking a fresh application