"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Downer EDI Engineering Power Pty Ltd [2018] FWC 2331
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
Downer EDI Engineering Power Pty Ltd
(B2018/290)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 24 APRIL 2018
Proposed protected action ballot of employees of Downer EDI Engineering Power 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 Downer EDI Engineering Power 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 24 May 2018.
5. QUESTIONS
The question(s) to be put to voters in the ballot are:
In support of reaching an enterprise agreement with your employer, do you endorse the taking of
protected industrial action by AMWU members against your employer, which may involve taking
separately, concurrently and/or consecutively any or all of the actions set out below:
PR606277
ORDER
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PR606277
2
1. 1 hour stoppages of work, Yes [ ] No [ ]
2. 2 hour stoppages of work, Yes [ ] No [ ]
3. 3 hour stoppages of work, Yes [ ] No [ ]
4. 4 hour stoppages of work, Yes [ ] No [ ]
5. 8 hour stoppages of work, Yes [ ] No [ ]
6. 12 hour stoppages of work, Yes [ ] No [ ]
7. 24 hour strikes, Yes [ ] No [ ]
8. 48 hour strikes, Yes [ ] No [ ]
9. 72 hour strikes, Yes [ ] No [ ]
10. strikes for a period of one week, Yes [ ] No [ ]
11. indefinite strikes, Yes [ ] No [ ]
12. indefinite or periodic bans on overtime, Yes [ ] No [ ]
13. indefinite or periodic partial work bans, Yes [ ] No [ ]
14. indefinite or periodic ban on completing all non-safety related paperwork, Yes [ ] No [ ]
15. indefinite or periodic ban on the use of company apps 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/2018fwc2331.pdf