"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Dairy Technical Services Limited [2019] FWC 5337
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
Dairy Technical Services Limited
(B2019/608)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 AUGUST 2019
Proposed protected action ballot of employees of Dairy Technical Services Limited.
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 Dairy Technical Services Limited 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:
PR710899
ORDER
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PR710899
2
In support of reaching an Enterprise Agreement with Dairy Technical Services Limited, 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 4 hours?
Yes [ ] No [ ]
4. An unlimited number of stoppages of work for the duration of 8 hours or less?
Yes [ ] No [ ]
5. An unlimited number of stoppages of work for the duration of 24 hours?
Yes [ ] No [ ]
6. An unlimited number of stoppages of work for the duration of 48 hours?
Yes [ ] No [ ]
7. An unlimited number of stoppages of work for the duration of one week?
Yes [ ] No [ ]
8. An unlimited number of indefinite strikes?
Yes [ ] No [ ]
9. An unlimited number of indefinite or periodic bans on overtime?
Yes [ ] No [ ]
10. An unlimited number of indefinite or periodic bans on call backs?
Yes [ ] No [ ]
11. An unlimited number of indefinite or periodic bans on specified duties or tasks?
Yes [ ] No [ ]
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Official source: https://www.fwc.gov.au/documents/decisionssigned/pdf/2019fwc5337.pdf