sec.98BWho is to conduct election

### sec.98B Who is to conduct election An election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities— 1 or more involved unions for the election; the site senior executive for the coal mine, or part of the coal mine; an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) . The site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election. If the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2) , the election must be conducted— by an appropriately qualified entity appointed by the chief inspector; and as soon as practicable after the end of the 7-day period mentioned in subsection (2) . If an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under— the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or otherwise—the process prescribed by regulation. If an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation. The reasonable costs of the election are to be paid by the coal mine operator. To remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative. In this section— Commonwealth industrial association means an industrial association under the Fair Work Act 2009 (Cwlth) , section 12 . election trigger , for an election, means the making of a request for the election by a coal mine worker under section 98A (b) . involved union , for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election. s 98 B ins 2024 No. 34 s 39 (sec.98B-ssec.1) An election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities— 1 or more involved unions for the election; the site senior executive for the coal mine, or part of the coal mine; an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) . (sec.98B-ssec.2) The site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election. (sec.98B-ssec.3) If the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2) , the election must be conducted— by an appropriately qualified entity appointed by the chief inspector; and as soon as practicable after the end of the 7-day period mentioned in subsection (2) . (sec.98B-ssec.4) If an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under— the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or otherwise—the process prescribed by regulation. (sec.98B-ssec.5) If an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation. (sec.98B-ssec.6) The reasonable costs of the election are to be paid by the coal mine operator. (sec.98B-ssec.7) To remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative. (sec.98B-ssec.8) In this section— Commonwealth industrial association means an industrial association under the Fair Work Act 2009 (Cwlth) , section 12 . election trigger , for an election, means the making of a request for the election by a coal mine worker under section 98A (b) . involved union , for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election. - (a) 1 or more involved unions for the election; - (b) the site senior executive for the coal mine, or part of the coal mine; - (c) an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) . - (a) by an appropriately qualified entity appointed by the chief inspector; and - (b) as soon as practicable after the end of the 7-day period mentioned in subsection (2) . - (a) the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or - (b) otherwise—the process prescribed by regulation.