Australian Electoral Commission
[2022] FWC 558
| [2022] FWC 558 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.447—Protected action
Australian Electoral Commission
(B2022/197; B2022/198)
| COMMISSIONER MCKINNON | SYDNEY, 14 MARCH 2022 |
Application for a variation of Protected Action Ballot Orders in B2022/62 and B2022/63.
On 11 February 2022, I determined applications made by The Australian Workers’ Union (B2022/62; PR738249) and the United Workers’ Union (B2022/63; PR738256) by making protected action ballot orders under the Fair Work Act 2009 (the Act).
On 11 March 2022, the Australian Electoral Commission (AEC) applied under s.447 of the Act to vary the protected action ballot orders. The AEC seeks to vary the date by which voting closes to accommodate a further period, so that voters whose postal vote packs may have been affected by recent flooding in New South Wales can apply for a replacement vote pack; and so that ballots which have already been posted by voters but have not yet been delivered to the AEC can be delivered before voting closes.
The parties to the application either support or do not oppose the variation application. In the circumstances, I consider it appropriate to vary the protected action ballot orders made on 11 February 2022 so that all relevant employees have a reasonable opportunity to participate in the ballot. The orders will be varied so that voting closes no later than 6 April 2022.
An order (PR739277) giving effect to this decision will be issued separately.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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