1 Fair Work Act 2009 s.437—Protected action Transport Workers’ Union of Australia v Prosegur Australia Pty Limited T/A Prosegur (B2016/1338) COMMISSIONER GREGORY MELBOURNE, 15 MAY 2017 Proposed protected action ballot of employees of Prosegur Australia Pty 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 Transport Workers’ Union of Australia is to hold a protected action ballot of employees of Prosegur Australia Pty Limited T/A Prosegur 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 no later than 20 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 purposes of supporting or advancing claims for a proposed Kensington Depot Enterprise Agreement with Prosegur Australia Pty Limited T/A Prosegur, authorise the taking of any of the following protected industrial action, or part of the protected industrial action, or all of the protected industrial action against Prosegur PR592908 ORDER PR592908 2 Australia Pty Limited T/A Prosegur, separately, concurrently, and/or consecutively in the form of: QUESTION 1 Bans and/or limitations on servicing ATM machines? Yes [ ] No [ ] QUESTION 2 All Metropolitan runs returning to the Kensington Depot for their lunch breaks? Yes [ ] No [ ] QUESTION 3 Bans and/or limitations on the use of electronic equipment, in particular, the use of PDA devices? Yes [ ] No [ ] QUESTION 4 Bans and/or limitations on completing all paper work for an indefinite period? Yes [ ] No [ ] QUESTION 5 Bans and limitations on all services for ANZ, Westpac, Bendigo Bank, Aldi, Crown Casino and DC Payments? Yes [ ] No [ ] QUESTION 6 Bans and/or limitations on the training of all new staff? Yes [ ] No [ ] QUESTION 7 Bans and/or limitations on coin deliveries and pickups? Yes [ ] No [ ] QUESTION 8 Periodic Stop Work meetings that may be held continuously and indefinitely for specified periods of anywhere between: (a) one (1) hour to four (4) hours? Yes [ ] No [ ] (b) more than four (4) hours to eight (8) hours? Yes [ ] No [ ] (c) more than eight (8) hours to twelve (12) hours? Yes [ ] No [ ] (d) more than twelve (12) hours to twenty four (24) hours Yes [ ] No [ ] (e) more than twenty four (24) hours to thirty six (36) hours Yes [ ] No [ ] (f) more than thirty six (36) hours to seventy two (72) hours? Yes [ ] No [ ] PR592908 3 QUESTION 9 Bans and/or limitations on working outside of ordinary hours? Yes [ ] No [ ] 6. QUESTIONS Pursuant to s.443(5), the Fair Work Commission specifies that a five (5) working day period of written notice of industrial action be given in relation to industrial action to be taken under questions 1 to 9. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>