1 Fair Work Act 2009 s.437—Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v TW Power Services Pty Ltd T/A TW Power Services (B2019/358) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 6 MAY 2019 Proposed protected action ballot of employees of TW Power Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is to hold a protected action ballot of employees of TW Power Services Pty Ltd T/A TW Power Services 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 3 June 2019. 5. QUESTIONS The question(s) to be put to voters in the ballot are: In support of reaching an Enterprise Agreement with TW Power Services Pty Ltd, do you authorise protected industrial action against your Employer, separately, concurrently and/or consecutively, in the form of: PR707959 ORDER PR707959 2 1. An unlimited number of indefinite and/or periodic stoppages on the performance of all work? Yes [ ] No [ ] 2. An unlimited number of 1 hour stoppages on the performance of all work? Yes [ ] No [ ] 3. An unlimited number of indefinite and/or periodic bans on overtime? Yes [ ] No [ ] 4. An unlimited number of indefinite and/or periodic bans on call outs? Yes [ ] No [ ] 5. An unlimited number of indefinite and/or periodic bans on shift work? Yes [ ] No [ ] 6. An unlimited number of indefinite and/or periodic bans on performing work on rostered days off? Yes [ ] No [ ] 7. An unlimited number of indefinite and/or periodic bans on carrying and using company phones? Yes [ ] No [ ] 8. An unlimited number of indefinite and/or periodic stoppages on the performance of preparing work orders and permits? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer