37Secret ballots under this Part

#### 37 Secret ballots under this Part 37 Secret ballots under this Part > > (1) Except as provided by subsection (2), a secret ballot under this Part must be conducted by a person (other than the employer or a person selected by that employer) on behalf of the employees entitled to vote in the ballot, being a person who meets any other requirement that may be imposed by the regulations or the principles established by the Commission. > > > (2) If, within 14 days next following the holding of such a ballot, the Industrial Registrar receives a written complaint from at least 20% of the persons 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, the Industrial Registrar may (if of the opinion that such action is justified) arrange with the persons concerned— > > > > > (a) for the conduct of such a further secret ballot, and > > > > > (b) for evidence of the result of the further ballot to be supplied to the Industrial Registrar. > > > (3) The Commission may adjourn proceedings for the approval of an enterprise agreement if a request is made for a further ballot. > > > (4) The Industrial Registrar may, in any special case, extend the time for receiving a request for a further ballot. > > > (5) The result of a further ballot is to be disregarded if the Industrial Registrar is not satisfied that it has been conducted in accordance with the Industrial Registrar’s directions.