172Power to order secret ballot

#### 172 Power to order secret ballot 172 Power to order secret ballot > > (1) The Commission may order that a secret ballot be taken of any group of employees in order to find out their opinion about an industrial matter. > > > (2) The Commission may order a secret ballot for the purpose of the exercise of any of its functions, for example, the resolution of industrial disputes, the approval of enterprise agreements and the registration of organisations. > > > (3) The Commission is to have regard to the result of a secret ballot under this section when exercising a function relating to any matter on which persons expressed an opinion in the ballot. > > > (4) A secret ballot may (but need not) be limited to some or all of the members of an industrial organisation of employees. > > > (5) The Commission may order a secret ballot on the Commission’s own initiative or on application by— > > > > > (a) any industrial organisation of employees, being an organisation with members who are affected by the industrial matter, or > > > > > (b) at least 5% of the members of an industrial organisation of employees or 250 members of that organisation (whichever is the lesser number), or > > > > > (c) an employer of the employees concerned or an industrial organisation of employers a member of which is such an employer. > > > (6) When the Commission orders that a secret ballot be taken under this section, it must by its order— > > > > > (a) give directions about the manner in which the secret ballot is to be conducted (including the type of ballot, the question to be put and the persons eligible to vote), and > > > > > (b) give directions about the person who is to conduct the ballot (whether an industrial organisation of employees, the Industrial Registrar, the Electoral Commissioner or some other person), and > > > > > (c) give such other directions as the Commission considers necessary to ensure that the ballot is effectively conducted. > > > (7) The expenses incurred in the conduct of a secret ballot under this section are to be borne by the State. > > > (8) This section does not apply to criminal proceedings. > > **s 172:** Am 2016 No 48, Sch 1 \[39\]; 2023 No 41, Sch 1.2\[34\].