Benchmark WA Industrial Relations Case Database

Australian Manufacturing Workers’ Union (AMWU) v Aristocrat Technologies Australia Pty Limited

[2019] FWC 1046 Fair Work Commission 2019-01-01
Source
Deputy President Gostencnik
Not yet cited by other cases
Applicant: Australian Manufacturing Workers’ Union (AMWU)
Respondent: Aristocrat Technologies 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 (464 words)
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 Aristocrat Technologies Australia Pty Limited (B2019/132) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 19 FEBRUARY 2019 Proposed protected action ballot of employees of Aristocrat Technologies Australia Pty 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 “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 Aristocrat Technologies Australia Pty 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 employees of Aristocrat Technologies Australia Pty Limited employed at 2-4 Butu Wargun Drive, Pemulway, NSW 2145 who are members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) who would be subject to the proposed enterprise agreement and for whom the AMWU is the bargaining representative. 4. 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. PR705053 ORDER PR705053 2 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 AMWU members against your employer, which may involve taking separately, concurrently and/or consecutively any or all of the actions set out below: (i) 1 hour stoppages of work Yes [ ] No [ ] (ii) 2 hour stoppages of work Yes [ ] No [ ] (iii) 3 hour stoppages of work Yes [ ] No [ ] (iv) 4 hour stoppages of work Yes [ ] No [ ] (v) 8 hour stoppages of work Yes [ ] No [ ] (vi) 12 hour stoppages of work Yes [ ] No [ ] (vii) 24 hour strikes Yes [ ] No [ ] (viii) 48 hour strikes Yes [ ] No [ ] (ix) 72 hour strikes Yes [ ] No [ ] (x) strikes for a period of one week Yes [ ] No [ ] (xi) indefinite strikes Yes [ ] No [ ] (xii) indefinite or periodic bans on overtime Yes [ ] No [ ] (xiii) indefinite or periodic partial work bans Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer