"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Clark Equipment Sales Pty Ltd [2017] FWC 3010

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 Clark Equipment Sales Pty Ltd (B2017/420) DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 31 MAY 2017 Proposed protected action ballot of employees of Clark Equipment Sales 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 Clark Equipment Sales 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 30 June 2017. 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 may involve taking separately, concurrently and/or consecutively any or all of the actions set out below: PR593409 ORDER -- 1 of 2 -- PR593409 2 1. 1 hour stoppages of work? Yes [ ] No [ ] 2. 2 hour stoppages of work? Yes [ ] No [ ] 3. 3 hour stoppages of work? Yes [ ] No [ ] 4. 4 hour stoppages of work? Yes [ ] No [ ] 5. 8 hour stoppages of work? Yes [ ] No [ ] 6. 12 hour stoppages of work? Yes [ ] No [ ] 7. 24 hour strikes? Yes [ ] No [ ] 8. 48 hour strikes? Yes [ ] No [ ] 9. 72 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 [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A> -- 2 of 2 --