WORKPLACE RELATIONS ACT 1996
- SECT 170MQ
What happens if Commission orders a ballot

(1)

If, under subsection 135(2), the Commission has ordered that a vote of members of an industrial organisation be taken by secret ballot in relation to the proposed agreement, the organising of, or engaging in, industrial action by:

(a) the organisation; or
(b) a member of the organisation; or
(c) an officer or employee of the organisation acting in that capacity;

after the making of the order is not protected action unless:

(d) such a ballot has been taken; and
(e) the industrial action has been approved by a majority of the valid votes cast in the ballot.

(2)

If, under subsection 135(2B), the Commission has ordered that a vote of employees be taken by secret ballot in respect of a proposed agreement, the organising of, or engaging in, industrial action by the employees after the making of the order is not protected action unless:

(a) such a ballot has been taken; and
(b) the industrial action has been approved by a majority of the valid votes cast in the ballot.