1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union, The v Nufarm Australia Limited (B2017/219) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 MARCH 2017 Proposed protected action ballot of employees of Nufarm Australia Limited. 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 Australian Workers' Union is to hold a protected action ballot of employees of Nufarm Australia 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 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 21 April 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with Nufarm Australia Limited, do you authorise protected industrial action against your employer separately, concurrently and/or consecutively, in the form of: 1. An unlimited number of stoppages of the performance of all work for specified periods of less than one hour? PR591104 ORDER PR591104 2 Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of all work for one hour? Yes [ ] No [ ] 3. An unlimited number of stoppages of the performance of all work for four hours? Yes [ ] No [ ] 4. An unlimited number of stoppages of the performance of all work for twenty four hours? Yes [ ] No [ ] 5. An unlimited number of indefinite stoppages of the performance of all work? Yes [ ] No [ ] 6. An unlimited number of periodic and/or indefinite bans on the performance of overtime? Yes [ ] No [ ] 7. An unlimited number of periodic and/or indefinite bans on preparing and writing permits (excluding OHS permits)? Yes [ ] No [ ] 8. An unlimited number of periodic and/or indefinite bans on laboratory testing of all products? Yes [ ] No [ ] 9. An unlimited number of periodic and/or indefinite bans on daily fork lift checks? Yes [ ] No [ ] 10. An unlimited number of periodic and/or indefinite bans on the completion of batch sheets and related documentation? Yes [ ] No [ ] 11. An unlimited number of periodic and/or indefinite bans on filling out visual boards? Yes [ ] No [ ] 12. An unlimited number of periodic and/or indefinite bans on training other employees and/or contractors? Yes [ ] No [ ] 13. An unlimited number of periodic and/or indefinite bans on the use of Lotus Notes? Yes [ ] No [ ] 14. An unlimited number of periodic and/or indefinite bans on the performance of MEX work entries and updates? Yes [ ] No [ ] PR591104 3 15. An unlimited number of periodic and/or indefinite bans on the performance of any work at heights where a scaffold is not in place? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>