1 Fair Work Act 2009 s 437—Protected action ballot order Construction, Forestry, Mining and Energy Union v Bulga Coal Management Pty Limited (B2017/314) DEPUTY PRESIDENT SAMS SYDNEY, 20 APRIL 2017 Protected action ballot of employees of Bulga Coal Management Pty Ltd (Bulga Open Cut) 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, Mining and Energy Union – Northern Mining & NSW Energy District - is to hold a protected action ballot of employees of Bulga Coal Management Pty Limited (Bulga Open Cut). 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 employees of the Respondent who are members of the Applicant who are engaged at Bulga Coal Management Pty Limited (Bulga Open Cut), to which the proposed Enterprise Agreement will apply. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is no later than 20 days after the date the ballot order is issued by the Fair Work Commission. 5. QUESTIONS The question(s) to be put to voters in the ballot are: QUESTION 1 Do you, for the purpose of advancing claims in the negotiation of an Enterprise Agreement with Bulga Coal Management Pty Limited, authorise industrial action in the form of an PR591998 ORDER PR591998 2 unlimited number of stoppages of work, including consecutive stoppages of work, of two (2) hours in duration? Yes [ ] No [ ] QUESTION 2 Do you, for the purpose of advancing claims in the negotiation of an Enterprise Agreement, with Bulga Coal Management Pty Limited, authorise industrial action in the form of an unlimited number of stoppages of work, including consecutive stoppages of work, of twelve (12) hours and thirty (30) minutes in duration? Yes [ ] No [ ] QUESTION 3 Do you, for the purpose of advancing claims in the negotiation of an Enterprise Agreement, with Bulga Coal Management Pty Limited, authorise industrial action in the form of an unlimited number of stoppages of work, including consecutive stoppages of work, of twenty four (24) hours and thirty (30) minutes in duration? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>