Are there any new rules relating to industrial action?
Yes. The Fair Work Act has introduced a number of important changes to the rules relating to industrial action. You should note the following: • Industrial action must still be endorsed by a majority of employees via a secret ballot. Results of secret ballots held before 1 July 2009 are no longer valid. New secret ballots must be held in relation to industrial action which is planned by employees. Employers must allow ‘Protected Action Ballot Agents’ (usually officers from the Australian Electoral Commission – or ‘AEC’) access to the workplace in order to provide information to employees about the ballot and to prepare for, or conduct, the protected action ballot. The Commonwealth Government will pay any costs related to an AEC agent. In all other cases, the person applying for the ballot is responsible for any costs incurred for holding that ballot. For a secret ballot to be valid, at least 50% of those eligible to vote must cast a vote. For industrial action to be approved more than
