Note: This guide provides general information for registered industrial organisations and their members. It is not a substitute for the law and should be read in conjunction with the Workplace Relations Act and Regulations and, in the case of any specific election, the registered rules of the organisation concerned.

LEGISLATION

1. One of the functions of the Australian Electoral Commission (AEC) is to conduct elections for office under section 189(3) of Schedule 1 of the Workplace Relations Act 1996.

2. The basic steps involved in the conduct of these elections are outlined below.

PRELIMINARY ARRANGEMENTS

3. At least two months before nominations are due to open, the organisation (or branch, in the case of branch elections) must lodge in the Australian Industrial Registry prescribed information relating to the election - see section 189 of the Workplace Relations Act and Regulation 138 of the Workplace Relations Regulations. Late lodgement or lodgement of incomplete information may delay the conduct of the election.

4. If the Registrar is satisfied that an election is required to be held under the rules of the organisation (or branch), he/she arranges for the election to be conducted by the AEC. A member of AEC staff is then appointed as Returning Officer (RO) and he/she contacts the organisation to make preliminary election arrangements.

THE ORGANISATION'S RULES

5. Subject to certain provisions of the Workplace Relations Act, each election is conducted in accordance with the rules of the organisation concerned. Prospective candidates need to know the requirements of their organisation's election rules. The relevant rules concerning the conduct of elections are those covering:

• nominations
• candidates' statements (if applicable)
• eligibility of members to vote
• method of voting
• preparation of ballot material
• scrutineers
• the order of candidates' names on the ballot paper
• term of office, and
• election dates.

In spite of anything contained in the rules, the RO has the power under the Workplace Relations Act to take such action and give such directions as he/she considers necessary to ensure that no irregularities occur in or in relation to an election or to remedy procedural defects which appear to the RO to exist in the rules (see Workplace Relations Act section 193(1).

ADVERTISING

6. The RO calls for nominations by placing advertisements in daily newspapers and/or the organisation's journal or by sending notices to each member. The method of calling for nominations is generally provided for in the organisation's rules.

NOMINATIONS

7. Candidates should ensure that they are qualified to be nominated. The rules of most organisations require candidates to be financial members of the organisation or branch. In some cases the rules specify other qualifications such as length of membership, continuity of financial membership or membership of a particular committee, occupational group, district or sub-branch.

8. Candidates should also check whether their organisation's rules require them to be nominated by another member or members, and if so, how many nominators are required and what qualifications apply to nominators. Nominators are usually required by the rules to be financial members, and may be required to hold other qualifications relating to such matters as length of membership, or membership of a particular committee, occupational group, district or sub-branch.

9. Candidates must also ensure that they comply with the RO's instructions for the lodgement of nominations.

10. The RO acknowledges receipt of all nominations and after the close of nominations checks them for compliance with the rules of the organisation.

11. Where a nomination does not comply with the requirements of the rules the RO advises the candidate concerned by notice of the particulars of the defect. Depending on the nature of the defect, the candidate may be asked to take remedial action or provide further particulars of his/her qualifications for office. The candidate must reply within a prescribed time (usually 7 days). Where a candidate fails to remedy a defective nomination within the prescribed time the nomination is rejected.

UNCONTESTED ELECTIONS

12. If only sufficient valid nominations are received to fill advertised vacancies in all offices listed for election, nominees are declared elected immediately. Where some, but not all, positions do not require a ballot, declarations may be made in respect of these positions if the rules of the organisation do not preclude the RO from doing so.

BALLOT PREPARATION

13. Usually the rules of the organisation will specify whether candidates' names on the ballot paper are to be listed in alphabetical order or in an order determined by lot by the RO. The RO lists the names on the ballot paper in accordance with such rules. If the order is determined by lot, scrutineers may be present at the draw.

14. The RO then prepares the ballot paper, taking into account any special direction which might need to be included about marking ballot papers, informal votes, or where necessary, completion of declaration envelopes.

15. Ballot papers are then printed.

ROLL OF VOTERS

16. The organisation is required to provide the RO with a certified list of names and addresses of members eligible to vote. The RO provides detailed directions as to his/her requirements. Any member may inspect the roll of voters at the RO's office. Members wishing to obtain a copy of the roll may do so on payment of copying costs. Members who have recently changed their address should advise the organisation. The organisation may provide the list of members in electronic form.

CANDIDATES' STATEMENTS

17. The rules of some organisations permit candidates to prepare statements for distribution by the RO with ballot material. Statements must be lodged within the time prescribed by the organisation's rules and comply with the rules in relation to format, content and size. The RO is required to examine candidates' statements to ensure that they are not contrary to the rules of the organisation.

BALLOT

18. Most ballots are conducted by post. The RO posts ballot material to members at the address shown in the organisation's records.

19. During the course of the ballot the RO deals with enquiries about non-receipt of ballot papers and changes to the roll of voters.

SCRUTINY

20. The RO conducts the scrutiny of ballot papers at his/her office, taking into account the rules of the organisation concerning:

• the method of voting (e.g., first-past-the-post, preferential etc.)
• formal/informal votes.

SCRUTINEERS

21. Candidates may appoint scrutineers to represent their interests by observing procedures associated with the conduct of the election. Scrutineers must be appointed in writing. A candidate in the ballot cannot be a scrutineer.

22. A scrutineer is permitted to be present at most stages of the election including:

• draw for positions on the ballot paper
• posting of ballot material
• post office clearances
• the scrutiny of ballot papers (see paras 20 and 21)

23. At the scrutiny a scrutineer may bring to the RO's attention any matter concerning:

• the issue of ballot papers
• the admission of envelopes to the scrutiny
• the formality/informality of ballot papers
• the counting of votes.

24. A scrutineer must not:

• interrupt the scrutiny without lawful reason
• disclose any knowledge acquired by him/her concerning the votes of any particular voter or voters
• fail to carry out any lawful request by the RO
• touch any ballot paper
• act in a manner which will interfere with the proper conduct of the election.

25. Scrutineers should contact the RO to obtain information about dates, times, locations, etc.

DECLARATION OF RESULTS

26. At the completion of the scrutiny, the RO declares the results in writing and issues copies of the results to the Secretary of the organisation concerned and the candidates.

27. All ballot material is kept for one year after the completion of the election.

28. The AEC provides a Post Election Report to the organisation and the Australian Industrial Registry.

NATIONAL ELECTIONS

29. Generally speaking, in national elections each AEC State office posts ballot material and conducts the scrutiny of ballot papers.

Industrial Elections

Elections conducted for Organisations registered under Schedule 1 of the Workplace Relations Act 1996 (the Schedule).

Section 5 Principle Object of the Schedule includes:-

Ensuring that employee and employer organisations registered under this Act are representative of and accountable to their members...

Section 182(1) provides that:-

Each election for an office in an organisation or branch of an organisation shall be conducted by the Australian Electoral Commission.

Other ballots/elections conducted under the Workplace Relations Act

Amalgamation Ballots

In addition to its role in conducting elections for registered organisations the AEC conducts amalgamation ballots for trade unions and employer organisations registered under the Workplace Relations Act 1996. All amalgamation ballots for organisations registered under the Act must be conducted by the AEC.

Since 1983 the number of federally registered unions has decreased to 113. This decrease has been almost exclusively attributable to a program of amalgamations.

Withdrawal from Amalgamation Ballots

The object of the Act provides that certain organisations that have taken part in amalgamations previously to be reconstituted and re-registered, and branches of organisations to be formed into organisations and registered.

The AEC have yet to conduct this type of ballot.

Ballots ordered by the Industrial Relations Commission

Under section 135 of the Act, the Industrial Relations Commission may order a ballot to ascertain the attitude of union members involved in actual or possible industrial action. These orders are uncommon, although the AEC conducted such a ballot in 1993.

Other elections/ballots conducted by the AEC

The AEC also conducts elections for various Commonwealth statutory authorities. Procedures for these elections and ballots vary considerably and are determined on an individual basis in consultation with the relevant statutory authority.

Other elections or ballots are conducted on a fee for service basis and include:-

• Certified Agreement Ballots
• Representatives to other Government Agencies’ Committees
• Other elections and or ballots

List of Current Registered Organisations

• Aged & Community Services Association of NSW and ACT Incorporated
• Agribusiness Employers' Federation
• Ansett Pilots Association
• Association of Consulting Architects - Australia
• Association of Employers of Waterside Labour, The
• Association of Professional Engineers, Scientists and Managers, Australia, The
• Australasian Meat Industry Employees Union, The
• Australian and International Pilots Association
• Australian Childcare Centres Association
• Australian Education Union
• Australian Entertainment Industry Association
• Australian Federation of Air Pilots
• Australian Higher Education Industrial Association
• Australian Hop Growers Association
• Australian Hotels Association
• Australian Industry Group, The
• Australian Institute of Marine and Power Engineers, The
• Australian Licenced Aircraft Engineers Association, The
• Australian Maritime Officers' Union, The
• Australian Meat Industry Council
• Australian Municipal, Administrative, Clerical and Services Union
• Australian Nursing Federation
• Australian Petroleum Agents and Distributors Association
• Australian Rail, Tram and Bus Industry Union
• Australian Retailers Association, The
• Australian Road Transport Industrial Organization
• Australian Salaried Medical Officers Federation
• Australian Trainers' Association
• Australian Workers' Union, The
• Australian Writers' Guild Association
• Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
• Bread Manufacturers' Industrial Association of Australia, The
• Civil Air Operations Officers' Association of Australia, The
• Civil Contractors Federation
• Club Managers' Association, Australia
• Clubs Victoria Inc.
• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
• Confederation of A.C.T. Industry
• Construction, Forestry, Mining and Energy Union
• CPSU, the Community and Public Sector Union
• CSR & Rinker Salaried Staff Association
• Customs Officers Association of Australia, Fourth Division
• Drycleaning Institute of Australia - NSW
• Drycleaning Institute of Australia - Queensland
• Engineering Employers Association, South Australia
• Extended Care Industry Industrial Secretariat
• Finance Sector Union of Australia
• Flight Attendants' Association of Australia
• Graphic Arts Services Association of Australia
• Health Services Union of Australia
• Independent Education Union of Australia
• Licensed Clubs' Association of Australia, The
• Liquor, Hospitality and Miscellaneous Union
• Maritime Union of Australia, The
• Master Builders Association of South Australia Incorporated
• Master Builders' Association of New South Wales, The
• Master Builders' Association of Tasmania, The
• Master Builders' Association of Victoria
• Master Builders' Construction and Housing Association of the Australian Capital Territory
• Master Grocers' Association of Victoria Limited, The
• Master Painters Australia - NSW Association Inc.
• Master Plumbers' and Mechanical Services Association of Australia, The
• Mechanical Harvesters' Association of Australia
• Media, Entertainment and Arts Alliance
• Metal Industries Association Tasmania
• Motor Inn, Motel and Accommodation Association, The
• Motor Trade Association of South Australia, The
• Motor Traders' Association of New South Wales
• Musicians' Union of Australia
• National Electrical Contractors Association, The
• National Fire Industry Association
• National Tertiary Education Industry Union
• National Union of Workers
• New South Wales Soft Drink Association (Country Division)
• NSW Farmers' (Industrial) Association
• Pastoralists' and Graziers' Association of Western Australia (Incorporated), The
• Pastoralists' Association of West Darling, The
• Pharmacy Guild of Australia, The
• Police Federation of Australia
• Printing Industries Association of Australia
• Private Hospitals Industrial Association of Australia
• Professional Officers Association (Victoria)
• Restaurant and Catering Association of Victoria, The
• Rugby League Professionals Association
• Screen Producers Association of Australia
• Shearing Contractors' Association of Australia, The
• Shop, Distributive and Allied Employees Association
• Showmen's Guild of Australasia, The
• South Australian Farmers Federation Industrial Association
• Striptease Artists Australia Incorporated
• Tasmanian Logging Employers Association
• Tasmanian Sawmillers Industrial Association
• Territory Construction Association
• Textile, Clothing and Footwear Union of Australia
• TFGA Industrial Association
• Theatre Managers' Association
• Timber Merchants' Association (Victoria), The
• Timber Trade Industrial Association
• Transport Workers' Union of Australia
• Trustee Corporations Association of Australia
• Union of Christmas Island Workers
• United Firefighters' Union of Australia
• United Graziers Association of Queensland (Union of Employers), The
• Victorian Association of Forest Industries
• VANA Limited
• Victorian Automobile Chamber of Commerce
• Victorian Employers' Chamber of Commerce and Industry
• Victorian Farmers Federation Industrial Association
• Victorian Hospitals' Industrial Association
• Victorian Showmen's Guild, The
• Western Australian Farmers Federation Industrial Association
• Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union
• Woolclassers' Association of Australia