Industrial Relations (Recognition of a Platform Work Association of Platform Workers) Regulations 2024

A platform work association of platform workers may serve on a platform operator a claim for recognition in Form A set out in the Schedule.

A platform operator upon whom a claim for recognition has been served must, within 7 working days after the service of the claim —

Upon receipt of a notification from a platform operator under paragraph (2)(b), the Commissioner may, in his or her discretion, by written notice inform the platform operator that a secret ballot must be taken in accordance with any directions that the Commissioner may give.

A copy of a notice served on the platform operator under paragraph (3) must be sent to the platform work association of platform workers or, if there is more than one platform work association of platform workers, the platform work associations of platform workers concerned.

When the Commissioner has served a notice on the platform operator under regulation 3(3), the platform operator and the platform work association or platform work associations of platform workers concerned must —

A person, platform operator or platform work association of platform workers must not in any way obstruct the taking of the secret ballot.

The Commissioner must, as soon as the results of the secret ballot are known, communicate the results to the platform operator and the platform work association or platform work associations of platform workers concerned.

When the results of a secret ballot have been communicated to a platform operator under paragraph (3), the platform operator must, if the results of the secret ballot show that the majority of the platform workers entitled to vote are members of a particular platform work association of platform workers, give recognition to that platform work association within 3 working days of the date of the receipt of the results.

Subject to paragraph (2), all persons who are platform workers providing a platform service for a platform operator on the date on which a claim for recognition is served are entitled to vote in a secret ballot.

The following persons are not entitled to vote in a secret ballot:

Any dispute between a platform operator and a platform work association or platform work associations of platform workers as to whether any platform worker is entitled to vote in a secret ballot, in accordance with paragraph (1), must be referred to the Commissioner whose decision is final.

In a case where fewer than the specified number of persons entitled to vote in a secret ballot, in accordance with regulation 5(1), have voted in any secret ballot —

In paragraph (1), the specified number of persons, in relation to a secret ballot, is 20% of all persons entitled to vote in the secret ballot in accordance with regulation 5, rounded up to the nearest whole number.