Ballot paper requirements
See Fair Work Act s.455
The ballot paper for the protected action ballot must:
- be in the form prescribed by the Fair Work Regulations, and
- include any information prescribed by the Fair Work Regulations.
Form of ballot paper
The form of a ballot paper for a protected action ballot that is to be conducted by attendance voting or postal voting is set out in Form 1 of Schedule 3.2 to the Fair Work Regulations.
A ballot paper for a protected action ballot that is to be conducted by electronic voting must include the information and the content set out in Form 1 of Schedule 3.2 to the Fair Work Regulations.
Ballot paper means:
- for a voting method that is not an electronic voting method – a paper ballot paper, or
- for an electronic voting method – an electronic ballot paper.
Schedule 3.2 – Ballot papers
Form 1 – Ballot paper
Fair Work Act 2009, Chapter 3, Part 3.3, Division 8
BALLOT OF MEMBERS OF
(Name of organisation)
BALLOT PAPER IN RESPECT OF
PROTECTED ACTION BALLOT
CLOSING DATE OF BALLOT:(Date)
(Initials, or facsimile of initials, of the person conducting the ballot)
The proposed protected industrial action to which this ballot applies is [description].
DIRECTIONS TO VOTERS
1. Record your vote on the ballot paper as follows:
• if you approve the proposed protected industrial action, mark the YES box opposite the question;
• if you do not approve the proposed protected industrial action, mark the NO box opposite the question.
2. Do not place on this paper any mark or writing that may identify you.
QUESTION(S) FOR VOTERS
(Text of question or questions
as ordered by Fair Work Commission)
INFORMATION FOR VOTERS
1. The applicant(s) for the protected action ballot order is or are [name(s)]. 1
1. The agent of the applicant(s) for the protected action ballot order is [name]. 1
1omit if inapplicable
2. The employees who are to be balloted are [description].
3. The protected action ballot agent authorised to conduct the ballot is [name].
YOUR VOTE IS SECRET, AND YOU ARE FREE TO CHOOSE WHETHER OR NOT TO SUPPORT THE PROPOSED INDUSTRIAL ACTION.
Authorisation of ballot
The ballot agent for the ballot must:
- for attendance voting or postal voting – issue to each employee who is to be balloted a ballot paper that bears:
- the agent's initials, or
- a facsimile of the agent's initials, and
- for electronic voting – ensure that the protected action ballot identifies the ballot agent who is authorised to conduct the protected action ballot.
A ballot paper may be issued to an employee by post, email or electronically.
 Fair Work Regulations r.3.16.
 Fair Work Regulations r.3.18(2)–(2A).