1 Fair Work Act 2009 Section 437—Protected action Construction, Forestry, Maritime, Mining and Energy Union-South Australian Branch v Rapid Metal Developments (Australia) Pty Ltd (B2019/575) DEPUTY PRESIDENT ANDERSON ADELAIDE, 24 JULY 2019 Pursuant to section 443 of the Fair Work Act 2009 (the FW Act) the Fair Work Commission orders: 1. PROTECTED ACTION BALLOT TO BE HELD The Construction, Forestry, Maritime, Mining and Energy Union-South Australian Branch (CFMMEU) is to hold a protected action ballot of employees of Rapid Metal Developments (Australia) 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 section 437(5) of the FW Act, the employees of Rapid Metal Developments (Australia) Pty Ltd who are members of the CFMMEU and who would be covered by the proposed enterprise agreement are to be balloted. 4. DATE BY WHICH BALLOT CLOSES The date by which voting in the protected action ballot is to close is 28 August 2019. 5. QUESTIONS The questions to be put to voters in the ballot are: In support of reaching an enterprise agreement with your employed, do you authorise protected industrial action against your employer separately, concurrently and/or consecutively in the form of: PR710620 ORDER PR710620 2 1. An unlimited number of stoppages of indefinite and/or periodic stoppages on the performance of all work? Yes [ ] No [ ] 2. An unlimited number of indefinite and/or periodic bans on overtime? Yes [ ] No [ ] DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer