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"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Agilent Technologies (M) Pty Ltd [2018] FWC 3134

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 Agilent Technologies (M) Pty Ltd (B2018/427) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 JUNE 2018 Proposed protected action ballot of employees of Agilent Technologies (M) 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 Agilent Technologies (M) 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 3 July 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with Agilent Technologies Australia (M) Pty Ltd, do you authorise protected industrial action against your employer separately, concurrently and/or consecutively, in the form of: PR607657 ORDER -- 1 of 3 -- PR607657 2 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 3 hours? Yes [ ] No [ ] 4. An unlimited number of stoppages of work for the duration of 4 hours? Yes [ ] No [ ] 5. An unlimited number of stoppages of work for the duration of 6 hours? Yes [ ] No [ ] 6. An unlimited number of stoppages of work for the duration of 8 hours? Yes [ ] No [ ] 7. An unlimited number of stoppages of work for the duration of 12 hours? Yes [ ] No [ ] 8. An unlimited number of strikes for the duration of 24 hours? Yes [ ] No [ ] 9. An unlimited number of strikes for the duration of 48 hours? Yes [ ] No [ ] 10. An unlimited number of strikes for the duration of 72 hours? Yes [ ] No [ ] 11. An unlimited number of strikes for the duration of one week? Yes [ ] No [ ] 12. An unlimited number of indefinite strikes? Yes [ ] No [ ] 13. An unlimited number of indefinite or periodic bans on overtime? Yes [ ] No [ ] 14. An unlimited number of indefinite or periodic bans on call backs? Yes [ ] No [ ] 15. An unlimited number of indefinite or periodic bans on filling in production sheets? Yes [ ] No [ ] 16. An unlimited number of indefinite or periodic bans on cycle counting? Yes [ ] No [ ] 17. An unlimited number of indefinite or periodic bans on booking in make cards? Yes [ ] No [ ] -- 2 of 3 -- PR607657 3 18. An unlimited number of indefinite or periodic bans on washing mirrors? Yes [ ] No [ ] 19. An unlimited number of indefinite or periodic bans on chemical usage? Yes [ ] No [ ] 20. An unlimited number of indefinite or periodic bans on evaporative coating of mirrors? Yes [ ] No [ ] 21. An unlimited number of indefinite or periodic bans on robot usage for poly alignment? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 3 of 3 --