ORDER

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Construction, Forestry, Maritime, Mining and Energy Union
v
DP World Sydney Limited T/A DP World
(B2020/381)

Proposed protected action ballot of employees of DP World Sydney Limited T/A DP World.

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 (CFMMEU) is to hold a protected action ballot of employees of DP World Sydney Limited T/A DP World 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

All employees who are members of the CFMMEU employed by DP World Sydney Limited T/A DP World currently covered by the DP World Sydney Enterprise Agreement 2015.

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:

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 bans on performance of upgrades for an indefinite period.

Yes [ ] No [ ]

2. An unlimited number of bans on the performance of work on vessels that have been sub-contracted to or outsourced to DP World by another stevedoring company for an indefinite period.

Yes [ ] No [ ]

3. An unlimited number of bans on the performance of work on any nominated vessel/s or shipping line/s for an indefinite period.

Yes [ ] No [ ]

4. An unlimited number of bans on the operation of an RTG beyond the safest minimum operating speed as determined by the driver for an indefinite period.

Yes [ ] No [ ]

5. An unlimited number of bans on the operation of a Quay crane beyond the safest minimum operating speed as determined by the driver for an indefinite period.

Yes [ ] No [ ]

6. An unlimited number of bans on performance of shift extensions for an indefinite period.

Yes [ ] No [ ]

7. An unlimited number of bans on performance of overtime for an indefinite period.

Yes [ ] No [ ]

8. An unlimited number of bans on performance of call-ins or late calls for an indefinite period.

Yes [ ] No [ ]

9. An unlimited number of bans on performance of working continuous cranes or work through crane gangs for an indefinite period.

Yes [ ] No [ ]

10. An unlimited number of bans on performance of working advanced or delayed start times for an indefinite period.

Yes [ ] No [ ]

11. An unlimited number of one-hour stoppages of work held continuously or otherwise.

Yes [ ] No [ ]

12. An unlimited number of two-hour stoppages of work held consecutively or otherwise

Yes [ ] No [ ]

13. An unlimited number of four-hour stoppages of work held consecutively or otherwise

Yes [ ] No [ ]

14. An unlimited number of eight-hour stoppages of work held consecutively or otherwise

Yes [ ] No [ ]

15. An unlimited number of twenty-four-hour stoppages of work held consecutively or otherwise

Yes [ ] No [ ]

16. An unlimited number of bans on operating RTGs for more than two runs in a three-run shift or one run in a two-run shift for an indefinite period.

Yes [ ] No [ ]

6. WRITTEN NOTICE

For the purpose of s.414(2)(b) of the Act the period of written notice required to be given by the CFMMEU prior to any industrial action occurring shall be five working days (as defined under s.12 of the Act).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer