ORDER

Fair Work Act 2009
s.437—Protected action

The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union
v
Svitzer Australia Pty Limited
(B2019/1390)

Proposed protected action ballot of employees of The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union.

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 Construction, Forestry, Maritime, Mining and Energy Union is to hold a protected action ballot of employees of Svitzer Australia 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 all employees who are members of the Applicant employed by the Respondent and are currently covered by the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2017.

4. DATE BY WHICH BALLOT CLOSES

The date by which voting in the protected action ballot is to close is no later than 25 working days from the date of this order.

5. QUESTIONS

The questions to be put to voters in the ballot are:

Do you, for the purpose of advancing claims in the negotiation of an Enterprise Agreement to govern the terms and conditions of your employment, authorise protected industrial action in the form of:

1. An unlimited number of stoppages of work of 1 hour duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

2. An unlimited number of stoppages of work of 4 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

3. An unlimited number of stoppages of work of 8 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

4. An unlimited number of stoppages of work of 12 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

5. An unlimited number of stoppages of work of 24 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

6. An unlimited number of bans on performance of recalls for an indefinite period?

Yes [ ] No [ ]

VICE PRESIDENT

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