61ZDSecret ballots under this Part

61ZD Secret ballots under this Part

[Section 61ZD Inserted by No. 59 of 1992, s. 40 ]

(1)  [Section 61ZD Subsection (1) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001] A secret ballot under this Part must be conducted in a manner determined by the Registrar.

(1A)  [Section 61ZD Subsection (1A) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001] *[Section 61ZD Subsection (1A) inserted by No. 90 of 1994, s. 24 ]*The Registrar, at the request of all relevant persons, may waive the necessity to hold a secret ballot under section 61D (2) if–

(a) the number of employees involved is 5 or less; and

(b) all the employees attend the hearing to approve the agreement.

(2)  [Section 61ZD Subsection (2) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001] *[Section 61ZD Subsection (2) amended by No. 90 of 1994, s. 24 ]*If, within 14 days after a ballot has been held, the Registrar receives a written complaint from any person entitled to vote in the ballot alleging specified irregularities in the conduct of the ballot and requesting that a further secret ballot be conducted by an independent person, and the Registrar is satisfied that such irregularities exist, the Registrar may arrange for the conduct of a further secret ballot.

(3)  [Section 61ZD Subsection (3) omitted by No. 90 of 1994, s. 24 ].  .  .  .  .  .  .  .  

(4)  [Section 61ZD Subsection (4) amended by No. 104 of 2000, Sched. 3, Applied:01 Jan 2001] *[Section 61ZD Subsection (4) amended by No. 90 of 1994, s. 24 ]*The Registrar must not register an enterprise agreement –

(a) within 14 days after the holding of a secret ballot (or a further secret ballot) under this Part; or

(b) [Section 61ZD Subsection (4) amended by No. 104 of 2000, s. 22, Applied:01 Jan 2001] if a written complaint has been received under this section, until the complaint is resolved to the Registrar's satisfaction.