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"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Rohm and Haas Australia Pty. Ltd. [2018] FWC 131

Case law · Commonwealth · 2018
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 Rohm and Haas Australia Pty. Ltd. (B2018/6) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 8 JANUARY 2018 Proposed protected action ballot of employees of Rohm and Haas Australia 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 Rohm and Haas Australia 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 7 February 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with Rohm and Haas Australia Pty. Ltd., do you authorise protected industrial action against your Employer, separately, concurrently and/or consecutively, in the form of: PR599335 ORDER -- 1 of 2 -- PR599335 2 1. An unlimited number of stoppages of the performance of all work for one hour? Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of all work for two hours? Yes [ ] No [ ] 3. An unlimited number of stoppages of the performance of all work for four hours? Yes [ ] No [ ] 4. An unlimited number of stoppages of the performance of all work for eight hours? Yes [ ] No [ ] 5. An unlimited number of stoppages of the performance of all work for twenty four hours? Yes [ ] No [ ] 6. An unlimited number of stoppages of the performance of all work for one week? Yes [ ] No [ ] 7. An unlimited number of stoppages of the performance of all work (indefinite strike)? Yes [ ] No [ ] 8. An unlimited number of periodic and/or indefinite bans on the performance of overtime? Yes [ ] No [ ] 9. An unlimited number of periodic and/or indefinite bans on call backs? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 2 of 2 --