"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v MHE-Demag Australia Pty Ltd [2018] FWC 4227

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 MHE-Demag Australia Pty Ltd (B2018/611) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 18 JULY 2018 Proposed protected action ballot of employees of MHE-Demag 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 MHE-Demag 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 who are employed at the Smithfield, Wollongong and Newcastle sites, 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 16 August 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 PR609084 ORDER -- 1 of 3 -- PR609084 2 may involve taking separately, concurrently and/or consecutively any or all of the actions set out below: 1. One-hour stoppages of work Yes [ ] No [ ] 2. Two-hour stoppages of work Yes [ ] No [ ] 3. Three-hour stoppages of work Yes [ ] No [ ] 4. Four-hour stoppages of work Yes [ ] No [ ] 5. Eight-hour stoppages of work Yes [ ] No [ ] 6. Twelve-hour stoppages of work Yes [ ] No [ ] 7. Twenty-four-hour strikes Yes [ ] No [ ] 8. Forty-eight-hour strikes Yes [ ] No [ ] 9. Seventy-two-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. Bans on paperwork Yes [ ] No [ ] 15. Bans on the use of hand held devices Yes [ ] No [ ] -- 2 of 3 -- PR609084 3 16. Return of company vehicles to Smithfield/Wollongong/Newcastle office at the end of each shift Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 3 of 3 --