"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hitachi Construction Machinery (Australia) Pty Ltd [2018] FWC 3076

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 Hitachi Construction Machinery (Australia) Pty Ltd (B2018/413) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 MAY 2018 Proposed protected action ballot of employees of Hitachi Construction Machinery (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 Hitachi Construction Machinery (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 employees of Hitachi Construction Machinery (Australia) Pty Ltd who are members of the AMWU employed in classifications covered by the Manufacturing and Associated Industries and Occupations Award 2010 who would be subject to the proposed enterprise agreement and for whom the AMWU is the bargaining representative. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 28 June 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR607565 ORDER -- 1 of 2 -- PR607565 2 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: 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 [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 2 of 2 --