Benchmark WA Industrial Relations Case Database

National Union of Workers NSW Branch v DHL Supply Chain (Australia) Pty Limited

[2019] FWC 965 Fair Work Commission 2019-01-01
Source
Commissioner Cambridge
Not yet cited by other cases
Applicant: National Union of Workers NSW Branch
Respondent: DHL Supply Chain (Australia) Pty Limited
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 7

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Protected action ballot order [P]Protected industrial action [P]Unprotected industrial action [S]Good faith bargaining [S]Overtime and penalty rates
Archived text (386 words)
1 Fair Work Act 2009 s.437 - Application for a protected action ballot Order National Union of Workers NSW Branch v DHL Supply Chain (Australia) Pty Limited (B2019/115) COMMISSIONER CAMBRIDGE SYDNEY, 20 FEBRUARY 2019 Proposed protected action ballot of employees of DHL Supply Chain (Australia) Pty Limited. Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission (the Commission) Orders: 1. PROTECTED ACTION BALLOT TO BE HELD The National Union of Workers is to hold a protected action ballot of employees of DHL Supply Chain (Australia) Pty Ltd (the Employer). 2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT The ballot is to be conducted by the Australian Electoral Commission (AEC). 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 of DHL Supply Chain who are members of the National Union of Workers (NUW) and for whom the NUW is a bargaining representative and who work at 3 Milner Avenue, Horsley Park NSW 2175. 4. TYPE OF BALLOT To be determined by consultation between the NUW and the AEC. 5. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is no later than 20 working days from the date of this Order. 6. QUESTIONS The questions to be put to voters in the ballot are: PR704949 ORDER PR704949 2 “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: 1 hour stoppages of work; 2 hour stoppages of work; 3 hour stoppages of work; 4 hour stoppages of work; 8 hour stoppages of work; 12 hour stoppages of work; 24 hour strikes; 48 hour strikes; 72 hour strikes; strikes for a period of one week; indefinite strikes; indefinite or periodic bans on overtime” Yes [ ] No [ ] 7. TERM AND DATE OF EFFECT This Order shall come into effect from 20 February 2019, and shall remain in force for a period of one month, unless revoked or varied by further Order of the Commission. COMMISSIONER Printed by authority of the Commonwealth Government Printer