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We guarantee that any protected action ballots are governed by the Fair Work Act 2009 and are overseen by the Fair Work Commission
Protected action ballots are secret ballots that give employees the chance to vote on whether or not they want to initiate protected industrial action.
A ballot can happen when bargaining fails for an enterprise agreement or the existing agreement is out-of date. In a protected action ballot, employees must vote to take the industrial action. Employees can only vote in a protected action ballot if the proposed agreement covers them, the people who applied for the ballot are the bargaining representatives, and if they are part of the group of employees the Fair Work put in the order.
The application for PAB should describe a genuine attempt to find a solution and say if they need a ballot agent to organise it for them.
To manage a protected action ballot, the Fair Work Commission will first determine whether the ballot is necessary and appropriate. This may involve considering factors such as the type of workplace, the nature of the dispute, and the potential impact of the protected action on the parties involved.
Once the decision to hold a protected action ballot has been made, the Fair Work Commission will work with the parties involved to develop a plan for conducting the ballot. This may involve setting a date and time for the ballot, determining the eligibility of voters, and developing a ballot paper with the appropriate options and instructions.
The Fair Work Commission may also appoint an independent party, such as a registered organisation or a qualified person, to conduct the ballot and count the votes. This party will be responsible for ensuring that the ballot is conducted in accordance with the rules and regulations governing protected action ballots in Australia.
After the ballot has been conducted, the results will be reported to the Fair Work Commission, who will then make a determination based on the outcome of the vote. This determination may include ordering the parties to engage in protected action, such as a strike or a lockout, or it may involve other measures to resolve the dispute.
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