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"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Monadelphous Engineering Pty Ltd [2018] FWC 4454

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 Monadelphous Engineering Pty Ltd (B2018/643) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 30 JULY 2018 Proposed protected action ballot of employees of Monadelphous Engineering 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 Monadelphous Engineering 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 work at QGC Curtis Island, who are covered by the Monadelphous Engineering Pty Ltd QGC Curtis Island Greenfields Agreement 2014, 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 28 August 2018. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR609516 ORDER -- 1 of 3 -- PR609516 2 In support of reaching an Enterprise Agreement with Monadelphous Engineering Pty Ltd, do you endorse the taking of any and all protected industrial action against your employer which is authorized by this ballot, separately concurrently and/or consecutively in the form of: 1. Stoppages of work for 1 hour periods? Yes [ ] No [ ] 2. Stoppages of work for 2 hour periods? Yes [ ] No [ ] 3. Stoppages of work for 4 hour periods? Yes [ ] No [ ] 4. Stoppages of work for 6 hour periods? Yes [ ] No [ ] 5. Stoppages of work for 12 hour periods? Yes [ ] No [ ] 6. Stoppages of work for 24 hour periods? Yes [ ] No [ ] 7. Stoppages of work for 48 hour periods? Yes [ ] No [ ] 8. Indefinite ban on Weekend Overtime? Yes [ ] No [ ] 9. Periodic bans on Pre-Shift Overtime? Yes [ ] No [ ] 10. Periodic bans on Post-Shift Overtime? Yes [ ] No [ ] 11. Bans on Call-outs? Yes [ ] No [ ] 12. Bans on giving direction? Yes [ ] No [ ] 13. Ban on testing (excluding Safety testing)? Yes [ ] No [ ] 14. Bans on accepting work plans? Yes [ ] No [ ] 15. Bans on holding onto a work plan? Yes [ ] No [ ] -- 2 of 3 -- PR609516 3 16. Bans on signing onto a permit/JHA? Yes [ ] No [ ] 17. Bans on doing high risk work? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer -- 3 of 3 --