Commentary on provisions of Act Section 2: Ballots: 50% turnout requirement
Currently, section 226 of the 1992 Act requires a simple majority for a ballot conducted by a trade union for industrial action to be successful. There are no requirements for any level of turnout. This section introduces a new requirement that in all ballots for industrial action, at least 50% of the trade union members entitled to vote must do so in order for the ballot to be valid. Whether or not the ballot is successful and creates a mandate for industrial action is unaffected: a simple majority (i.e. more than half) of the votes cast must be in favour of industrial action in order for action to go ahead.
	In an example where 1000 union members constitute the bargaining unit affected by the dispute, this section means that at least 500 of those members would need to vote in order for the ballot to be valid. If 500 had voted, then a simple majority of them would need to vote in favour in order for the ballot to lead to industrial action: that would be 251 members. If all 1000 had voted, 501 would need to vote in favour.
	The new 50% participation threshold comes into force for all ballots taking place after this section comes into effect. Ballots which have already opened would not be subject to the requirements in this section.