Protected action ballot preparation checklist
Protected industrial action requires an FWC ballot order, a successful vote, and written notice. This checklist walks through the preparation for a union or bargaining representative.
This is a 12-step preparation checklist for a protected action ballot order application to the Fair Work Commission. It covers genuine bargaining, questions, the ballot agent, and the notice required before industrial action.
The checklist
Confirm bargaining has commenced
Confirm bargaining has been initiated and notices of representational rights have been issued.
Demonstrate genuine bargaining
Demonstrate the applicant has been genuinely trying to reach agreement — not just going through the motions.
Confirm nominal expiry
Confirm any existing enterprise agreement has passed its nominal expiry date.
Identify employees to be balloted
Define the group of employees to be balloted, aligned with the proposed agreement coverage.
Draft ballot questions
Draft clear, specific ballot questions covering each form of proposed industrial action.
Nominate ballot agent
Nominate the AEC or an authorised ballot agent to conduct the vote.
Prepare PABO application
Prepare the Form F34 Protected Action Ballot Order application.
File and serve the application
File the application with FWC and serve on the employer within 24 hours.
Attend FWC hearing
Attend the FWC directions or hearing and address any employer objections.
Run the ballot
Run the ballot with the nominated agent — 50%+ turnout and 50%+ yes for a valid authorisation.
Issue notice of action
Issue 3 working days written notice of the proposed industrial action to the employer.
Check 30-day action window
Ensure action commences within 30 days of the ballot result declaration.
When this checklist applies
Use this checklist when preparing a PABO application for a union or bargaining representative seeking to take protected industrial action.
Common pitfalls
- Weak genuine bargaining evidence at FWC
- Vague ballot questions that the employer can challenge
- Insufficient notice period before action commences
- Missing the 30-day action window after declaration
- Employer s 418 application ambushing an unprepared ballot agent
Run this checklist on a real matter
Quillio drafts PABO applications, ballot questions, and notices of industrial action. See /practice-areas/commercial-lawyers or start a free trial.
This checklist is a general guide. Protected action is strictly regulated — always confirm compliance with the Act before any action.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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