1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Nepean Power Pty Ltd (B2019/473) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 14 JUNE 2019 Proposed protected action ballot of employees of Nepean Power 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 Nepean Power 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 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 no later than 20 working days from the date of this order. 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 CEPU members against your employer, which may involve taking separately, concurrently and/or consecutively any or all of the actions set out below: 1. 1 hour stoppages of work Yes [ ] No [ ] PR709399 ORDER PR709399 2 2. 2 hour stoppages of work Yes [ ] No [ ] 3. 3 hour stoppages of work Yes [ ] No [ ] 4. 4 hour stoppages of work Yes [ ] No [ ] 5. 8 hour stoppages of work Yes [ ] No [ ] 6. 12 hour stoppages of work Yes [ ] No [ ] 7. 24 hour strikes Yes [ ] No [ ] 8. 48 hour strikes Yes [ ] No [ ] 9. 72 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