Employers must conduct a ballot for the proposed collective agreement which is procedurally fair and, as far as possible, maintains the integrity and security of the vote. This ensures that, if challenged by a trade union or disaffected employees, the employer can argue before the Fair Work Commission (“FWC”) that the pre-approval requirements in the Fair Work Act 2009 (Cth) (“FW Act”) have been met, and that the proposed agreement should be approved.
