• “(ca) the society's rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and”.

“82A Requirement for union to hold secret ballot before strike

• “(1) This section applies to—

  • “(a) a union that—

    • “(i) is bound by a current collective agreement; or

    • “(ii) will be bound by a proposed collective agreement; and

  • “(b) members of that union who are employees who are or have been in the employment of the same employer or of different employers and who—

    • “(i) are or were bound (as the case may be) by the current collective agreement referred to in paragraph (a)(i); or

    • “(ii) will be bound (as the case may be) by the proposed collective agreement referred to in paragraph (a)(ii).

  “(2) Before a strike may proceed under this Part,—

  • “(a) the union must hold, in accordance with its rules, a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike; and

  • “(b) the result of the secret ballot must be in favour of the strike.

  “(3) For the purposes of subsection (2)(b), the result of a secret ballot is determined by a simple majority of the members of the union who are entitled to vote and who do vote.

  “(4) As soon as is reasonably practicable after the conclusion of the secret ballot under subsection (2), the union must notify the result of the ballot to the members of the union who were entitled to vote.

“82B Terms of question for secret ballot

• The question to be voted on in a secret ballot for the purposes of section 82A is whether the member of the union is in favour of the strike.

“82C When requirement for secret ballot does not apply

• Sections 82A and 82B do not apply if the proposed strike is lawful under section 84 (which relates to lawful strikes on the grounds of safety or health).”

• “(aa) in the case of a strike, takes place in contravention of section 82A; or”.