ORDER

Fair Work Act 2009
s.437—Protected action

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
FIP Electrical (NSW) Pty Ltd T/A FIP Electrical
(B2019/1410)

Proposed protected action ballot of employees of FIP Electrical (NSW) 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 Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) is to hold a protected action ballot of employees of FIP Electrical (NSW) Pty Ltd.

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 group of employees to be balloted are those employees of FIP Electrical (NSW) Pty Ltd who would be covered by the proposed enterprise agreement (who are currently covered by the FIP Electrical (NSW) Pty Ltd Construction Enterprise Agreement 2015), who are members of the CEPU, and for whom the CEPU is a bargaining representative.

4. DATE BY WHICH BALLOT CLOSES

The date by which voting in the protected action ballot is to close is no later than 30 working days from the date of this order.

5. QUESTIONS

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

For the purpose of supporting or advancing claims in support of the proposed enterprise agreement with your employer, do you authorise the following forms of industrial action to be taken against your employer, which may involve you and/or your fellow employees engaging in any and all of the following forms of industrial action separately, concurrently and/or consecutively:

1. An unlimited number of stoppages of work of 1 hour’s duration?

[ ] Yes

[ ] No

2. An unlimited number of stoppages of work of 2 hours’ duration?

[ ] Yes

[ ] No

3. An unlimited number of stoppages of work of 3 hours’ duration?

[ ] Yes

[ ] No

4. An unlimited number of stoppages of work of 4 hours’ duration?

[ ] Yes

[ ] No

5. An unlimited number of stoppages of work of 8 hours’ duration?

[ ] Yes

[ ] No

6. An unlimited number of stoppages of work of 12 hours’ duration?

[ ] Yes

[ ] No

7. An unlimited number of stoppages of work of 24 hours’ duration?

[ ] Yes

[ ] No

8. An unlimited number of stoppages of work of 48 hours’ duration?

[ ] Yes

[ ] No

9. An unlimited number of stoppages of work of 72 hours’ duration?

[ ] Yes

[ ] No

10. An unlimited number of stoppages of work of 1 week’s duration?

[ ] Yes

[ ] No

11. An unlimited number of stoppages of work of indefinite duration?

[ ] Yes

[ ] No

12. An unlimited number of periodic or indefinite bans on the performance of overtime?

[ ] Yes

[ ] No

13. An unlimited number of periodic or indefinite partial work bans?

[ ] Yes

[ ] No

14. An unlimited number of periodic or indefinite bans on the laying of conduit?

[ ] Yes

[ ] No

15. An unlimited number of periodic or indefinite bans on the installation of cable trays?

[ ] Yes

[ ] No

16. An unlimited number of periodic or indefinite bans on pulling and tying of cables?

[ ] Yes

[ ] No

17. An unlimited number of periodic or indefinite bans on the use of battery powered tools?

[ ] Yes

[ ] No

18. An unlimited number of periodic or indefinite bans on the use of 240v power tools?

[ ] Yes

[ ] No

19. An unlimited number of periodic or indefinite bans on the use of crimping tools?

[ ] Yes

[ ] No

20. An unlimited number of periodic or indefinite bans on the use of spanners?

[ ] Yes

[ ] No

21. An unlimited number of periodic or indefinite bans on the use of tape measures?

[ ] Yes

[ ] No

22. An unlimited number of periodic or indefinite bans on the use of ladders and steps?

[ ] Yes

[ ] No

23. An unlimited number of periodic or indefinite bans on the use of pens and pencils?

[ ] Yes

[ ] No

24. An unlimited number of periodic or indefinite bans on working at an elevation over 6 metres above ground?

[ ] Yes

[ ] No

25. An unlimited number of periodic or indefinite bans on working in pits?

[ ] Yes

[ ] No

COMMISSIONER

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