1 Fair Work Act 2009 s.437 - Application for a protected action ballot order National Union of Workers v Metcash Trading Limited (B2018/331) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 10 MAY 2018 Proposed protected action ballot of employees of Metcash Trading 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 National Union of Workers is to hold a protected action ballot of employees of Metcash Trading Limited 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 who work at Mildura Street and Nyrang Street Fyshwick ACT 2609 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 8 June 2018. 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 NUW members against your employer, which may involve taking separately, concurrently and/or consecutively any or all of the actions set out below: PR606811 ORDER PR606811 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. 4hour stoppages of work Yes [ ] No [ ] 5. 8 hour stoppages of work Yes [ ] No [ ] 6. 12 hour stoppages of work Yes [ ] No [ ] 7. 24 hour stoppages of work Yes [ ] No [ ] 8. 48 hour stoppages of work Yes [ ] No [ ] 9. 72 hour stoppages of work 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 [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer