"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Schindler Lifts Australia Pty. Ltd. [2018] FWC 2577

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 Schindler Lifts Australia Pty. Ltd. (B2018/348) DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 9 MAY 2018 Proposed protected action ballot of employees of Schindler Lifts 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 Schindler Lifts 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 June 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with Schindler Lifts Australia Pty Ltd, do you authorise protected industrial action against your employer separately, concurrently and/or consecutively, in the form of: PR606910 ORDER -- 1 of 4 -- PR606910 2 1. An unlimited number of indefinite and/or periodic bans on the performance of all work? Yes [ ] No [ ] 2. An unlimited number of indefinite and/or periodic bans on overtime? Yes [ ] No [ ] 3. An unlimited number of indefinite and/or periodic bans on assisting and communicating with contractors? Yes [ ] No [ ] 4. An unlimited number of indefinite and/or periodic bans on shift work? Yes [ ] No [ ] 5. An unlimited number of indefinite and/or periodic bans on all forms of reactive maintenance/breakdowns? Yes [ ] No [ ] 6. An unlimited number of indefinite and/or periodic bans on all forms of preventative maintenance? Yes [ ] No [ ] 7. An unlimited number of indefinite and/or periodic bans on work in relation to escalators? Yes [ ] No [ ] 8. An unlimited number of indefinite and/or periodic bans on the use of any electronic communication devices and mediums including, but not limited to, the use of two-way radios, mobile phones, pagers and email for the purposes of communication? Yes [ ] No [ ] 9. An unlimited number of indefinite and/or periodic bans on undertaking paperwork whether physical or electronic except for the purposes of risk assessment and controlling hazards whilst performing work? Yes [ ] No [ ] 10. An unlimited number of indefinite and/or periodic bans on recording and input by any means for work tracking or data input on all work? Yes [ ] No [ ] 11. An unlimited number of indefinite and/or periodic bans on call-ins? Yes [ ] No [ ] 12. An unlimited number of indefinite and/or periodic bans on working alone? Yes [ ] No [ ] 13. An unlimited number of indefinite and/or periodic bans on wearing company uniform? Yes [ ] No [ ] -- 2 of 4 -- PR606910 3 14. An unlimited number of indefinite and/or periodic bans on all extensive service 2 inspections / work / visits? Yes [ ] No [ ] 15. An unlimited number of indefinite and/or periodic bans on all work on 3300 lifts? Yes [ ] No [ ] 16. An unlimited number of indefinite and/or periodic bans on all OTIS branded lifts? Yes [ ] No [ ] 17. A ban on performing work on GPT lifts and escalators? Yes [ ] No [ ] 18. A ban on performing work on Vicinity lifts and escalators? Yes [ ] No [ ] 19. A ban on performing work on Westfield lifts and escalators? Yes [ ] No [ ] 20. A ban on performing work on David Jones' lifts and escalators? Yes [ ] No [ ] 21. A ban on performing work on Bunnings lifts and escalators? Yes [ ] No [ ] 22. A ban on performing work on Target lifts and escalators? Yes [ ] No [ ] 23. A ban on performing work on Flinders Street Station lifts and escalators? Yes [ ] No [ ] 24. A ban on performing work on Melbourne Museum (Carlton) lifts and escalators? Yes [ ] No [ ] 25. A ban on performing work on Woolworths lifts and escalators? Yes [ ] No [ ] 26. A ban on performing work on Melbourne Cricket Ground lifts and escalators? Yes [ ] No [ ] 27. A ban on performing work on Multiplex sites? Yes [ ] No [ ] 28. A ban on performing work on Lendlease sites? Yes [ ] No [ ] 29. A ban on performing work on Probuild sites? Yes [ ] No [ ] 30. A ban on performing work on Hickory sites? -- 3 of 4 -- PR606910 4 Yes [ ] No [ ] 31. A ban on performing work on Mirvac sites? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 4 of 4 --