1 Fair Work Act 2009 s.437 - Application for a protected action ballot order The Australian Workers' Union v All Trades Services (Vic) Pty Ltd (B2017/986) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 25 OCTOBER 2017 Proposed protected action ballot of employees of All Trades Services (Vic) Pty Ltd. 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 All Trades Services (Vic) 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 s.437(5) of the Act, the employees to be balloted are those employees who are currently engaged under the Manufacturing and Associated Industries Award 2010 who will be covered by the proposed enterprise agreement, who are engaged at the Portland Aluminum Smelter in the refractory and bakes area 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 24 November 2017. 5. QUESTIONS The question(s) to be put to voters in the ballot are: PR596992 ORDER In support of reaching an enterprise agreement with All Trades Services (Vic) Pty Ltd, do you authorise the following protected industrial action against your employer, which may be engaged in separately, concurrently and/or consecutively: PR596992 2 1. An unlimited number of stoppages of the performance of all work for one hour? Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of all work for two hours? 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 stoppages of the performance of all work for an indefinite and/or unspecified period? Yes [ ] No [ ] 6. An unlimited number of periodic and/or indefinite bans on overtime? Yes [ ] No [ ] 7. An unlimited number of periodic and/or indefinite bans performing higher duties? Yes [ ] No [ ] 8. An unlimited number of periodic and/or indefinite bans on the building of walls if work crew is less than six? Yes [ ] No [ ] 9. An unlimited number of periodic and/or indefinite bans on working on Crucibles? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>