"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Orica Australia Pty Ltd [2017] FWC 3689

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 Orica Australia Pty Ltd (B2017/581) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 14 JULY 2017 Proposed protected action ballot of employees of Orica 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 Orica 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 at the site at 30 Reid Road (via Gladstone) 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 14 August 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR594519 ORDER -- 1 of 4 -- PR594519 2 Question 1 Stoppages of work for 1 hour periods? Yes [ ] No [ ] Question 2 Stoppages of work for 2 hour periods? Yes [ ] No [ ] Question 3 Stoppages of work for 4 hour periods? Yes [ ] No [ ] Question 4 Stoppages of work for 8 hour periods? Yes [ ] No [ ] Question 5 Stoppages of work for 12 hour periods? Yes [ ] No [ ] Question 6 Stoppages of work for 24 hour periods? Yes [ ] No [ ] Question 7 Stoppages of work for 48 hour periods? Yes [ ] No [ ] Question 8 Stoppages of work for 72 hour periods? Yes [ ] No [ ] Question 9 Strike for a period of 1 week? Yes [ ] No [ ] Question 10 Indefinite strikes? Yes [ ] No [ ] Question 11 Indefinite or periodic bans on overtime? Yes [ ] No [ ] In support of reaching an Enterprise Agreement with Orica Australia Pty Ltd, do you endorse the taking of any and all protected industrial action against your employer which is authorised by this ballot, separately concurrently and/or consecutively in the form of: -- 2 of 4 -- PR594519 3 Question 12 Indefinite or periodic bans on carrying company phones on the worksite? Yes [ ] No [ ] Question 13 Indefinite or periodic bans on call outs? Yes [ ] No [ ] Question 14 Indefinite or periodic bans on breakdown work orders to make safe Priority 1 and Priority 2? Yes [ ] No [ ] Question 15 Indefinite or periodic bans on using the SAP database? Yes [ ] No [ ] Question 16 Indefinite or periodic bans on issuing permits to work? Yes [ ] No [ ] Question 17 Indefinite or periodic bans on driving mobile equipment? Yes [ ] No [ ] Question 18 Indefinite or periodic bans on filling 1100 kilo cyanide boxes? Yes [ ] No [ ] Question 19 Indefinite or periodic bans on filling 20 tonne bulk containers? Yes [ ] No [ ] Question 20 Indefinite or periodic bans on high voltage switching? Question 21 Indefinite or periodic bans on delivering parts? Yes [ ] No [ ] Question 22 Indefinite or periodic bans on isolation of plant? Yes [ ] No [ ] Question 23 Indefinite or periodic bans on filling performing ammonium nitrate and emulsion phase loads? Yes [ ] No [ ] -- 3 of 4 -- PR594519 4 Question 24 Indefinite or periodic bans for supplying confined space rescue teams for plant work? Yes [ ] No [ ] 6. NOTICE OF INDUSTRIAL ACTION If a majority of employees participating in the ballot approve the industrial action identified in [5], save for questions 12, 20 and 21, the period of written notice referred to in s.414(2)(a) of the Act will, pursuant to s.443(5) of the Act, be five working days. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A> -- 4 of 4 --