"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v B & D Australia Pty Ltd [2017] FWC 3470

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 B & D Australia Pty Ltd (B2017/534) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 JUNE 2017 Proposed protected action ballot of employees of B & D 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 B & D 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 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 July 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with B & D Australia Pty Ltd, do you authorise protected industrial action against your Employer, separately, concurrently and/or consecutively, in the form of: PR594165 ORDER -- 1 of 3 -- PR594165 2 1. An unlimited number of stoppages on the performance of all work for an unspecified period of time? Yes [ ] No [ ] 2. An unlimited number of stoppages on the performance of all work, for a specified period of time? Yes [ ] No [ ] 3. An unlimited number of indefinite or periodic bans on overtime? Yes [ ] No [ ] 4. An unlimited number of indefinite or periodic bans on call backs? Yes [ ] No [ ] 5. An unlimited number of indefinite or periodic bans on all training, assisting or instructing for the performance of any work? Yes [ ] No [ ] 6. An unlimited number of indefinite or periodic bans on the recording and input by any means for work tracking/data input on all work performed? Yes [ ] No [ ] 7. An unlimited number of indefinite or periodic bans on any training, assisting and/or communicating with contractors and casuals and Part time and fixed term employees(either direct or indirect employees) or volunteers for the purposes of the performance of any work? Yes [ ] No [ ] 8. An unlimited number of indefinite or periodic bans on any training, assisting and/or communicating with management employees for the purposes of the performance of any work? Yes [ ] No [ ] 9. An unlimited number of indefinite or periodic bans on the use of any lifting machinery or equipment? Yes [ ] No [ ] 10. An unlimited number of indefinite or periodic bans on the recording by any means of cycle count on all production and non-production products pre, during and post manufacturing of any product? Yes [ ] No [ ] 11. An unlimited number of indefinite or periodic bans on completing the production log and the requisition of parts for any purpose? Fair Work Commission Approved Forms – approved 23 December 2016 Yes [ ] No [ ] 12. An unlimited number of indefinite or periodic bans on requisition, ordering and preparation of documentation for all purposes of materials and parts? Yes [ ] No [ ] 13. An unlimited number of indefinite or periodic bans on the performance of maintenance work for 1 hour to commence when the performance of maintenance for any machinery is requested to any employee? -- 2 of 3 -- PR594165 3 Yes [ ] No [ ] 14. An unlimited number of indefinite or periodic bans on loading and unloading of any company or non company product, goods or raw materials of half load removal at any time per transport vehicle from or onto any transport vehicle? Yes [ ] No [ ] 15. An unlimited number of indefinite or periodic bans on loading and unloading of any company or non company product, goods or raw materials removal at any time per transport vehicle from or onto any transport vehicle? Yes [ ] No [ ] 16. An unlimited number of indefinite or periodic bans on loading and unloading of Coil or Coils from any transport vehicle? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A> -- 3 of 3 --