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"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Heat and Control Pty. Ltd. [2017] FWC 5187

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 Heat and Control Pty. Ltd. (B2017/924) DEPUTY PRESIDENT GOSTENCNIK SYDNEY, 6 OCTOBER 2017 Proposed protected action ballot of employees of Heat and Control 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 Heat and Control 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 6 November 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with Heat and Control 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: PR596616 ORDER -- 1 of 3 -- PR596616 2 1. Stoppages of work for 15 minutes periods? Yes [ ] No [ ] 2. Stoppages of work for 1 hour periods? Yes [ ] No [ ] 3. Stoppages of work for 2 hour periods? Yes [ ] No [ ] 4. Stoppages of work for 4 hour periods? Yes [ ] No [ ] 5. Stoppages of work for 8 hour periods? Yes [ ] No [ ] 6. Stoppages of work for 12 hour periods? Yes [ ] No [ ] 7. Stoppages of work for 24 hour periods? Yes [ ] No [ ] 8. Stoppages of work for 48 hour periods? Yes [ ] No [ ] 9. Stoppages of work for 72 hour periods? Yes [ ] No [ ] 10. Strike for a period of 1 week? Yes [ ] No [ ] 11. Indefinite strikes? Yes [ ] No [ ] 12. Indefinite or periodic bans on overtime? Yes [ ] No [ ] -- 2 of 3 -- PR596616 3 13. Indefinite or periodic ban on the use of cranes and forklifts? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A> -- 3 of 3 --