Overview

Elections and ballots for registered organisations

Under the Fair Work (Registered Organisations) Act 2009, the AEC must conduct elections for registered organisation’s officer positions unless the Fair Work Commission has granted an exemption. The AEC may also be required to conduct ballots for non-office positions for registered organisations.

The AEC must conduct amalgamation and withdrawal from amalgamation ballots for registered organisations but are not required to conduct de-registration ballots.

Protected action ballots

Under the provisions of the Fair Work Act 2009, a bargaining representative for an enterprise agreement may make an application to the Fair Work Commission seeking an order to conduct a protected action ballot. Protected action ballots give employees the chance to vote on whether to initiate protected industrial action. The Fair Work Commission considers the application, and if an order is issued, a protected action ballot agent will be appointed. The AEC is one of several ballot agents that can conduct protected action ballots.  The Fair Work Commission has a list of ballot agents that are also eligible to conduct these ballots.

Fee-for-service events

At the discretion of the AEC and under section 7A and section 7B of the Commonwealth Electoral Act 1918, officeholder elections for other public purpose organisations may be undertaken.

AEC experience in industrial elections

• 1949: The Commonwealth Electoral Office begins conducting industrial elections.
• 1975: Trade union amalgamation ballots are conducted by the AEC.
• 1989: The AEC is required to conduct officer elections unless an exemption applies.
• 2003: Registered organisations are permitted to have the AEC conduct non‑officer elections.
• 2006: The AEC begins conducting protected action ballots when appointed as ballot agent.

Election and ballot delivery

Event delivery is based on the AEC Values. The AEC values will be met through:

Integrity of the result (Quality)

• The safe custody and handling of ballot papers
• Maintaining the integrity of a person’s right to vote by preventing voter disenfranchisement
• Determining ballot paper formality by treating each ballot paper holistically in order to understand the voter's intention
• Designated returning officers providing final signoff on key documents

Good customer service and positive customer experience (Professionalism)

• Providing a positive experience for stakeholders by being transparent, efficient and well-rehearsed
• Promoting and protecting the secrecy of the vote, the privacy of individuals and the correct handling of information

Efficient processes and procedures (Agility)

• Continuing to build staff capability and providing an improved experience for AEC staff and clients in delivering the event
• Further integrating planning across all levels of the AEC
• Maintaining the ability to mobilise and deliver electoral events whenever they are called
• Value for money is a core consideration when there is discretion in approach to organisational rules

Election service standards

The AEC is committed to upholding three key service standards when delivering of electoral events for registered organisations and protected action ballots.

Achieving the election service standards

The AEC will achieve the three election service standards by:

Standard 1

The AEC delivers high quality services

Achieved by:

• AEC staff will be courteous and professional in their dealings with the voters, staff of the registered organisations or their representatives, employers, candidates, scrutineers and fee-for-service clients
• Notices relating to elections and ballots will be publicised in a relevant and timely manner
• The AEC will send postal ballot papers to eligible voters in a timely manner
• Where in person voting is undertaken, voting will open and close in accordance with agreed dates and times

Standard 2

Stakeholders have confidence in the result

Achieved by:

• Ballot papers (both used and unused) will be handled and accounted for in line with the AEC’s Ballot Paper Handling Policy
• The AEC will provide results expeditiously
• AEC staff will follow policy, procedure, model rules and established practices to undertake the election or ballot and will adhere to the organisation’s rules where permitted
• AEC staff will comply with relevant legislation at all times

Standard 3

Stakeholders have confidence that the electoral process has integrity

Achieved by:

• The AEC will manage complaints in accordance with the AEC’s Complaints Management Policy
• Assurance processes will be undertaken to provide confidence that service standards have been met