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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44911
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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IF WE are to vote on a new eba, can we request a ballot vote

Customer Question

IF WE are to vote on a new eba, can we request a ballot vote rather than a show of hands. if so who would carry out ballot vote so it is seen as fair
JA: What state are you in? It matters because laws vary by location.
Customer: wa
JA: Has anything been filed or reported?
Customer: our company has emailed everyone copies of proposed eba
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes. an eba should not be a reduction in wages, is this true
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 5 months ago.

Good Morning.

Generally the EBA is by show of hands.

If people are uncomfortable then you can put a motion at the meeting to have a secret ballot and it will be held at the meeting.

You would have 2 people count the yes and no votes and confirm they have the same number.

You raise this at the meeting and if it is agreed then that is how it is done.

The law says that total entitlements should not be reduced. If you take a pay cut there should be something else that counteracts that.

If you are going to be worse off you vote no.

If you have a union they should be pushing to improve the overall benefits.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards
Leon