Can casual employees vote on Certified Agreement Ballots?

By Angela Farmer, Workforce Advisor 

Navigating the certified agreement process can be complex, especially when it comes to determining who is eligible to vote in Queensland local government. One common question from Queensland councils is whether casual employees can participate in the ballot. 

Short answer: Yes, but with conditions. 

Casual employees are eligible to vote if: 

• They are employed during the access period (14 clear days before voting begins), or
• They are employed on the day voting starts, and
• They are covered by the proposed agreement. 

Because casual employment is not continuous, eligibility depends on whether the employee has worked or is rostered during the relevant period. A Fair Work Commission decision suggests that even casuals not rostered on the voting day may be eligible if they have an active employment relationship. 

Best practice for councils: 

• Keep accurate rosters and employment records.
• Communicate clearly with casuals about their eligibility.
• Apply a consistent interpretation of "employed at the time."
• Document decisions and consult with unions or employee reps. 

Relevant IR Act Sections: 

• Chapter 4: Collective Bargaining
• Section 164: What is a certified agreement
• Section 169: Notice of intention to bargain
• Section 171: Access period requirements
• Section 189: Application for certification
• Sections 195–203: Certification requirements 

HR Assist subscribers can read the full article here: https://hrassist.com.au/articles/79. 

For support, contact Peak Services Legal at (07) 3000 2148 or on email at legal@wearepeak.com.au.