Section 228A — Trade Union and Labour Relations (Consolidation) Act 1992: Separate workplaces: single and aggregate ballots.

Separate workplaces: single and aggregate ballots. 228A 1 Where section 228(3) would require separate ballots to be held for each workplace, a ballot may be held in place of some or all of the separate ballots if one of subsections (2) to (4) is satisfied in relation to it.

2 This subsection is satisfied in relation to a ballot if the workplace of each member entitled to vote in the ballot is the workplace of at least one member of the union who is affected by the dispute.

3 This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who—

a according to the union’s reasonable belief have an occupation of a particular kind or have any of a number of particular kinds of occupation, and b are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.

4 This subsection is satisfied in relation to a ballot if entitlement to vote is accorded to, and limited to, all the members of the union who are employed by a particular employer, or by any of a number of particular employers, with whom the union is in dispute.

5 For the purposes of subsection (2) the following are members of the union affected by a dispute—

a if the dispute relates (wholly or partly) to a decision which the union reasonably believes the employer has made or will make concerning a matter specified in subsection (1)(a), (b) or (c) of section 244 (meaning of “ trade dispute ”), members whom the decision directly affects, b if the dispute relates (wholly or partly) to a matter specified in subsection (1)(d) of that section, members whom the matter directly affects, c if the dispute relates (wholly or partly) to a matter specified in subsection (1)(e) of that section, persons whose membership or non-membership is in dispute, d if the dispute relates (wholly or partly) to a matter specified in subsection (1)(f) of that section, officials of the union who have used or would use the facilities concerned in the dispute.