14Continuation of sections 476, 477 and 479 of the WR Act for protected action ballots completed before WR Act repeal day

14 Continuation of sections 476, 477 and 479 of the WR Act for protected action ballots completed before WR Act repeal day The following provisions of Part 9 of the WR Act continue to apply in relation to a ballot completed before the WR Act repeal day as if that Part had not been repealed: Note: A person must not contravene subsection 477(1) or (4) of the WR Act as those sections continue to apply because of this item (see item 14 of Schedule 16). (1) A person who is a bargaining representative for a proposed enterprise agreement may apply to FWA for an order under this item if, before the WR Act repeal day, the person was an applicant specified in an order for a protected action ballot in relation to a proposed collective agreement. (3) FWA may order that industrial action that was authorised under section 478 of the WR Act in relation to the proposed collective agreement is taken to be authorised, in relation to the proposed enterprise agreement, by a protected action ballot under subsection 459(1) of the FW Act, if FWA is satisfied that: (a) on or after 1 March 2009, the person organised or engaged in industrial action, for the purpose of supporting or advancing claims in relation to the proposed collective agreement; and (d) no collective agreement covering the employees whose employment would have been subject to the proposed collective agreement was approved by those employees before the WR Act repeal day; and (4) Industrial action that is taken to be authorised because of the operation of subitem (3) is only taken to be authorised in relation to employees who: (b) were relevant employees (within the meaning of section 450 of the WR Act) in relation to the proposed collective agreement. (5) For the purposes of subsection 414(3) of the FW Act, the results of the protected action ballot under that Act are taken to have been declared on the day of the order. Sections 482 and 483 of the WR Act continue to apply on and after the WR Act repeal day in relation to a ballot ordered under Division 4 of Part 9 of the WR Act. An authorised ballot agent in relation to a protected action ballot conducted before the WR Act repeal day must keep the following for a period of one year after the day on which the ballot closed: 17 Restriction on when protected action ballot orders may be made—certain agreement‑based transitional instruments and collective Division 2B State employment agreements that cover employees who will be covered by proposed enterprise agreement (1) This item applies if one or more of the following instruments cover the employees who will be covered by a proposed enterprise agreement: (2) An application for a protected action ballot order must not be made under subsection 437(1) of the FW Act earlier than 30 days before the nominal expiry date of the instrument, or the latest nominal expiry date of those instruments (as the case may be). (3) To avoid doubt, making an application for a protected action ballot order does not constitute organising industrial action.