PR600610 The attached document replaces the document previously issued with the above code on 21 February 2018. Order has been amended to add clarification to paragraph 5. Associate to Deputy President Masson Dated 23 February 2018 1 Fair Work Act 2009 s.437—Protected action “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v Alstom Transport Australia Pty Ltd (B2018/102) DEPUTY PRESIDENT MASSON MELBOURNE, 21 FEBRUARY 2018 Proposed protected action ballot of employees of Alstom Transport Australia 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is to hold a protected action ballot of employees of Alstom Transport Australia 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 3.1 In accordance with s 437(5) of the Fair Work Act 2009, 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. 3.2 Any employee who is bound by an individual agreement-based transitional instrument that has not passed its nominal expiry date on the day this ballot order is made shall not be balloted, unless such an employee has made a conditional termination of that instrument. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 28 days from the date of any order made by the Fair Work Commission. PR600610 ORDER PR600610 2 5. QUESTIONS In support of reaching an enterprise agreement with Alstom Transport Australia Pty Limited, do you authorise protected industrial action against your employer separately, concurrently and/or consecutively, in the form of: QUESTION 1. An unlimited number of indefinite and/or periodic stoppages on the performance of all work? Yes  No  QUESTION 2. An unlimited number of indefinite and/or periodic bans on overtime? Yes  No  QUESTION 3. An unlimited number of indefinite and/or periodic bans on working afternoon or night shift? Yes  No  QUESTION 4. An unlimited number of indefinite and/or periodic bans on undertaking shunting work? Yes  No  6. OPERATIVE DATE This Order shall come into effect from 21 February 2018. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer