Section 435 — Fair Work Act 2009 (Cth)

This Division establishes the process that will allow employees to choose, by means of a fair and democratic secret ballot, whether to authorise protected industrial action for a proposed enterprise agreement.

Subdivision B provides for the FWC to make a protected action ballot order, on application by a bargaining representative of an employee who will be covered by a proposed enterprise agreement, requiring a protected action ballot to be conducted.

Subdivision C deals with the conduct of a protected action ballot.

Subdivision D deals with the effect of a protected action ballot.

Subdivision E deals with compliance matters in relation to a protected action ballot.

Subdivision F deals with the liability for the costs of a protected action ballot.

Subdivision G deals with records and other miscellaneous matters.

Related sections

• s 432 — Informing people of declaration
• s 433 — Ministerial directions to remove or reduce threat
• s 434 — Contravening a Ministerial direction
• s 436 — Object of this Division
• s 437 — Application for a protected action ballot order
• s 437A — Application for a protected action ballot order—multi‑enterprise agreements

Research how courts apply s 435

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