1 Fair Work Act 2009 s437 - Application for a protected action ballot order Construction, Forestry, Mining and Energy Union v Hansen Yuncken Pty Ltd (B2017/289) DEPUTY PRESIDENT SAMS SYDNEY, 18 APRIL 2017 Proposed protected action ballot of employees of Hansen Yunken Pty Ltd. Pursuant to s443 of the Fair Work Act 2009 (the Act), the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The Construction, Forestry, Mining and Energy Union is to hold a protected action ballot of employees of Hansen Yuncken 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 s437(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 PR591932 ORDER PR591932 2 The date by which voting in the protected action ballot is to close is 28 days from the date of this order. 5. QUESTIONS The questions to be put to voters in the ballot are: 1. An unlimited number of stoppages of work for the duration of 1 hour? Yes [ ] No [ ] 2. An unlimited number of stoppages of work for the duration of 2 hours? Yes [ ] No [ ] 3. An unlimited number of stoppages of work for the duration of 4 hours? Yes [ ] No [ ] 4. No working on Rostered Days Off as per attached calendar? Yes [ ] No [ ] 5. No working on weekends preceding Rostered Days Off as per attached calendar? Yes [ ] No [ ] 6. No lifting of concrete precast panels after midday? Yes [ ] No [ ] 7. No concrete pours to commence after midday? Yes [ ] No [ ] 8. No deliveries to be accepted on site on Monday, Wednesday and Friday? Yes [ ] No [ ] PR591932 3 DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>