1 Fair Work Act 2009 s.437 - Application for a protected action ballot order "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney (B2019/530) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 8 JULY 2019 Proposed protected action ballot of employees who work at Mercedes Benz Sydney, 43-47 O'Riordan Street, Alexandria; AMG Sydney, 2 Sir Reginald Ansett Drive, Mascot; and Pre- Delivery Warehouse, Unit 2, 55 Doody Street.. 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 LSH Auto (Sydney) Pty Ltd T/A Mercedes-Benz Sydney 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 section 437(5) of the FW Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement, who are represented by the bargaining representative who is the applicant for this protected action ballot order and who work at any of the following sites operated by LSH Auto (Sydney) Pty Ltd: (a) Mercedes-Benz Sydney, 43-47 O’Riordan Street, Alexandria (“MBS”); (b) AMG Sydney, 2 Sir Reginald Ansett Drive, Mascot; and (c) Pre-Delivery Warehouse, Unit 2, 55 Doody Street. PR710116 ORDER PR710116 2 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 agreement on the terms of the proposed LSH Auto (Sydney) Pty Ltd Mercedes-Benz Sydney Enterprise Agreement 2019-2022, 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. An unlimited number of stoppages of the performance of work of 2 hours duration? Yes [ ] No [ ] 2. An unlimited number of stoppages of the performance of work of 4 hours duration? Yes [ ] No [ ] 3. An unlimited number of stoppages of the performance of work of 24 hours duration? Yes [ ] No [ ] 4. An unlimited number of stoppages of the performance of work of 48 hours duration? Yes [ ] No [ ] 5. An indefinite ban on working overtime? Yes [ ] No [ ] 6. A ban on attending any Company meetings? Yes [ ] No [ ] 7. An indefinite stoppage of the performance of work? Yes [ ] No [ ] 8. A ban on training causal/labour hire employees? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer