1 Fair Work Act 2009 s.437—Protected action The Australian Workers’ Union v WesTrac Pty Ltd (B2019/19) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 JANUARY 2019 Proposed protected action ballot of employees of WesTrac 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 WesTrac 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 (who are currently covered by the Westrac Pty Ltd (NSW and ACT Product Support Enterprise Agreement 2017) and who are members of 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 9 February 2019. 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 against your Employer, which may involve taking separately, concurrently and/or consecutively any or all of the action set out below: PR703756 ORDER PR703756 2 1. One-hour stoppages of work? Yes [ ] No [ ] 2. Two-hour stoppages of work? Yes [ ] No [ ] 3. Three-hour stoppages of work? Yes [ ] No [ ] 4. Four-hour stoppages of work? Yes [ ] No [ ] 5. Eight-hour stoppages of work? Yes [ ] No [ ] 6. Twelve-hour stoppages of work? Yes [ ] No [ ] 7. Twenty-four-hour strikes? Yes [ ] No [ ] 8. Forty-eight-hour strikes? Yes [ ] No [ ] 9. Seventy-two-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