"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v KONE Elevators Pty Ltd [2018] FWC 4191

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 KONE Elevators Pty Ltd (B2018/612) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 JULY 2018 Proposed protected action ballot of employees of KONE Elevators 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 KONE Elevators 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 are covered by the KONE NEB and TRB Employees Northern and Gold Coast Region Enterprise Agreement 2015, 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 15 August 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR609042 ORDER -- 1 of 3 -- PR609042 2 In support of reaching an Enterprise Agreement with KONE Elevators Pty Ltd do you endorse the taking of any and all protected industrial action against your employer which is authorised by this ballot, separately, concurrently and/or consecutively in the form of: 1. Stoppages of work for 2 hour periods? Yes [ ] No [ ] 2. Stoppages of work for 4 hour periods? Yes [ ] No [ ] 3. Stoppages of work for 24 hour periods? Yes [ ] No [ ] 4. Stoppages of work for 1 hour periods? Yes [ ] No [ ] 5. Indefinite or periodic bans submitting paperwork and electronic data with the exception of time records? Yes [ ] No [ ] 6. Indefinite or periodic bans on answering phone calls or responding to SMS messages? Yes [ ] No [ ] 7. Indefinite or periodic bans on working overtime? Yes [ ] No [ ] 8. Indefinite or periodic bans on performing work on particular sites? Yes [ ] No [ ] 9. Indefinite or periodic bans on charging mobile phones at home? Yes [ ] No [ ] 10. Indefinite or periodic bans on using mobile phones and/or computers? Yes [ ] No [ ] 11. Indefinite or periodic bans on remaining away from home overnight? Yes [ ] No [ ] 12. Indefinite or periodic bans on entering pin numbers associated with company cards? Yes [ ] No [ ] -- 2 of 3 -- PR609042 3 13. Indefinite or periodic bans on work for particular clients? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 3 of 3 --