Benchmark WA Industrial Relations Case Database

Australian Workers' Union, The v Adelaide Brighton Cement Limited T/A Morgan Ash

[2017] FWC 2669 Fair Work Commission 2017-01-01
Source
Deputy President Gostencnik
Not yet cited by other cases
Applicant: Australian Workers' Union, The
Respondent: Adelaide Brighton Cement Limited T/A Morgan Ash
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 7

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Protected action ballot order [P]Protected industrial action [P]Unprotected industrial action [S]Good faith bargaining [S]Overtime and penalty rates
Archived text (411 words)
1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union, The v Adelaide Brighton Cement Limited T/A Morgan Ash (B2017/397) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 15 MAY 2017 Proposed protected action ballot of employees of Adelaide Brighton Cement 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 Adelaide Brighton Cement Limited T/A Morgan Ash 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 14 June 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an enterprise agreement with your Employer, do you endorse the taking of protected industrial action by AWU members against your Employer, which may involve taking separately, concurrently and/or consecutively any or all of the action set out below: PR592939 ORDER PR592939 2 1. 1 hour stoppages of work Yes [ ] No [ ] 2. 2 hour stoppages of work Yes [ ] No [ ] 3. 3 hour stoppages of work Yes [ ] No [ ] 4. 4 hour stoppages of work Yes [ ] No [ ] 5. 8 hour stoppages of work Yes [ ] No [ ] 6. 12 hour stoppages of work Yes [ ] No [ ] 7. 24 hour strikes Yes [ ] No [ ] 8. 48 hour strikes Yes [ ] No [ ] 9. 72 hour strikes Yes [ ] No [ ] 10. strikes for a period of one week Yes [ ] No [ ] 11. indefinite strikes Yes [ ] No [ ] 12. indefinite or periodic bans on overtime Yes [ ] No [ ] 13. indefinite or periodic partial work bans Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>