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"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Bradken Resources Pty Limited [2017] FWC 883

Case law · Commonwealth · 2017
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 Bradken Resources Pty Limited (B2017/139) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 13 FEBRUARY 2017 Proposed protected action ballot of employees of Bradken Resources Pty Limited. 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 Bradken Resources Pty Limited 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 15 March 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR590193 ORDER -- 1 of 2 -- PR590193 2 In support of reaching an Enterprise Agreement with Bradken Resources Pty Limited, do you authorise protected industrial action against your Employer, separately, concurrently and/or consecutively, in the form of: 1. An unlimited number of bans on the performance of all overtime? Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of all work for ½ hour? Yes [ ] No [ ] 3. An unlimited number of stoppages of the performance of all work for 1 hour? Yes [ ] No [ ] 4. An unlimited number of stoppages of the performance of all work for 2 hours? Yes [ ] No [ ] 5. An unlimited number of stoppages of the performance of all work for 4 hours? Yes [ ] No [ ] 6. An unlimited number of stoppages of the performance of all work for 8 hours? Yes [ ] No [ ] 7. An unlimited number of stoppages of the performance of all work for 24 hours? Yes [ ] No [ ] 8. An unlimited number of stoppages of the performance of all work for an indefinite period? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A> -- 2 of 2 --