"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd [2019] FWC 4930

1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd (B2019/552) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 16 JULY 2019 Proposed protected action ballot of employees of McCain Foods (Aust) Pty Ltd. Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) is to hold a protected action ballot of employees of McCain Foods (Aust) Pty Ltd described in clause 3 of this order. 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission. 3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED In accordance with s.437(5) of the Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement and are represented by the bargaining representative who is the applicant for this protected action ballot order. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is no later than 20 working days from the date of this order. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR710358 ORDER -- 1 of 3 -- PR710358 2 In support of reaching an Enterprise Agreement with McCain Foods (Aust) Pty Ltd, do you authorise protected industrial action against your Employer, separately, concurrently and/or consecutively, in the form of: 1. An unlimited number of stoppages of work for the duration of 1 hour? Yes [ ] No [ ] 2. An unlimited number of stoppages of work for the duration of 2 hours? Yes [ ] No [ ] 3. An unlimited number of stoppages of work for the duration of 3 hours? Yes [ ] No [ ] 4. An unlimited number of stoppages of work for the duration of 4 hours? Yes [ ] No [ ] 5. An unlimited number of stoppages of work for the duration of 6 hours? Yes [ ] No [ ] 6. An unlimited number of stoppages of work for the duration of 8 hours? Yes [ ] No [ ] 7. An unlimited number of stoppages of work for the duration of 12 hours? Yes [ ] No [ ] 8. An unlimited number of stoppages of work for the duration of 24 hours? Yes [ ] No [ ] 9. An unlimited number of stoppages of work for the duration of 48 hours? Yes [ ] No [ ] 10. An unlimited number of stoppages of work for the duration of 72 hours? Yes [ ] No [ ] 11. An unlimited number of stoppages of work for the duration of one week? Yes [ ] No [ ] 12. An unlimited number of indefinite strikes? Yes [ ] No [ ] 13. An unlimited number of indefinite or periodic bans on overtime? Yes [ ] No [ ] -- 2 of 3 -- PR710358 3 14. An unlimited number of indefinite or periodic bans on call backs? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 3 of 3 --