1 Fair Work Act 2009 s.437—Protected action National Union of Workers v Aspen Pharma Pty Ltd (B2019/18) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 JANUARY 2019 Proposed protected action ballot of employees of Aspen Pharma 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 National Union of Workers is to hold a protected action ballot of employees of Aspen Pharma 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 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 11 February 2019. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with Aspen Pharma Pty Ltd do you authorise protected industrial action against your employer, separately, concurrently and/or consecutively, in the form of: 1. An unlimited number of stoppages of work of 1 hour duration? Yes [ ] No [ ] PR703748 ORDER PR703748 2 2. An unlimited number of stoppages of work of 4 hours duration? Yes [ ] No [ ] 3. An unlimited number of stoppages of work of 24 hour duration? Yes [ ] No [ ] 4. An unlimited number of stoppages of work of indefinite duration? Yes [ ] No [ ] 5. An unlimited number of bans on overtime of indefinite duration? Yes [ ] No [ ] 6. An unlimited number bans on all data collection and/or data entry and/or paperwork of indefinite duration? Yes [ ] No [ ] 7. An unlimited number of bans on the loading of trucks of indefinite duration? Yes [ ] No [ ] 8. An unlimited number of bans on the unloading of trucks of indefinite duration? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer