Two workplace ballots at Telstra last year were flawed and did not meet the Australian Electoral Commission's minimum standards, the AEC says.
The workplace ballots at Telstra have been controversial because the company has sought since last July to bypass unions and offer pay deals to staff directly, a move that has attracted criticism from Deputy Prime Minister Julia Gillard.
Electoral commissioner Ed Killesteyn, in a letter to the ACTU, admitted there were two cases last year where employees were denied the right to be scrutineers.
That was despite that right being a minimum standard that the AEC requires of its clients - in this case Telstra - in workplace elections.
Mr Killesteyn said the AEC would move "to tighten our internal procedures" to ensure that every client "discharged its responsibilities fully".
ACTU assistant secretary Tim Lyons accused Telstra of exploiting what "remains of WorkChoices" to push through non-union deals before the introduction, probably in the middle of the year, of more union-friendly laws.
Mr Lyons said that under current law Telstra was only required to sign a statement on the legitimacy of the elections and the Industrial Relations Commission was unable to examine the fairness of the ballots. "Telstra should conduct ballots in a fair and open and democratic way," he said.
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