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 Renewable Power Australia Limited (B2019/253) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 MARCH 2019 Proposed protected action ballot of employees of Renewable Power Australia 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 Renewable Power Australia 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 are located at the employer’s facility on Mill Road Woongoolba 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 2 May 2019. PR706331 ORDER PR706331 2 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with Renewable Power Australia Limited do you endorse the taking of any and all protected industrial action against your employer which is authorised by this ballot, separately, concurrently and/or consecutively in the form of: 1. Stoppages of work for 1-hour periods? Yes [ ] No [ ] 2. Stoppages of work for 2-hour periods? Yes [ ] No [ ] 3. Stoppages of work for 4-hour periods? Yes [ ] No [ ] 4. Stoppages of work for 24-hour periods? Yes [ ] No [ ] 5. An unlimited number of stoppages of work of one shift length duration, in all or part of the workplace? Yes [ ] No [ ] 6. Stoppages of work for an indefinite period? Yes [ ] No [ ] 7. Indefinite or periodic bans on the working of overtime, in all or part of the workplace? Yes [ ] No [ ] 8. Indefinite or periodic bands on call out? Yes [ ] No [ ] 9. Indefinite or periodic bans on call back? Yes [ ] No [ ] 10. Indefinite or periodic bans on after hours calls? Yes [ ] No [ ] 11. Indefinite or periodic bans on carrying and/or using company phones? Yes [ ] No [ ] 12. Indefinite or periodic bans on answering control room land line? Yes [ ] No [ ] PR706331 3 13. Indefinite or periodic bans on answering calls from management on personal mobile phones? Yes [ ] No [ ] 14. Indefinite or periodic bans on answering any work-related phone calls? Yes [ ] No [ ] 15. Indefinite or periodic bans on paperwork? Yes [ ] No [ ] 16. Indefinite or periodic bans on completing and/or exchanging paperwork during shift handover? Yes [ ] No [ ] 17. Indefinite or periodic bans on reading emails, and/or sending work emails? Yes [ ] No [ ] 18. Indefinite or periodic bans on working in rain? Yes [ ] No [ ] 19. Indefinite or periodic bans on confined space work? Yes [ ] No [ ] 20. Indefinite or periodic bans on attending meetings? Yes [ ] No [ ] 21. Indefinite or periodic bans on performing higher duties, all decisions to be referred through management, even weekends and night shifts when leading operators would normally take charge? Yes [ ] No [ ] 22. Indefinite or periodic bans on “face to face” directions for work, all requests and directions from management to be in writing and handed to employees? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer