PR572200 - Decision - 22 Sep 2015

PR572200
FAIR WORK COMMISSION

ORDER


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
Berri Pty Ltd T/A The Daily Drinks Co
(B2015/1155)

DEPUTY PRESIDENT LAWRENCE

SYDNEY,23 SEPTEMBER 2015

Proposed protected action ballot of employees of Berri Pty Ltd T/A The Daily Drinks Co.

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 Berri Pty Ltd t/as The Daily Drinks Co 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 employees of Berri Pty Limited t/as The Daily Drinks Co employed at Smithfield in classifications covered by the Food,Beverage and Tobacco Manufacturing Award 2010 [MA000073] and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] who are members of the Automotive,Food,Metals,Engineering,Printing and Kindred Industries Union who would be subject to the proposed enterprise agreement and for whom the AMWU is the bargaining representative except an employee who is bound by an individual agreement-based transitional instrument that has not passed its nominal expiry date on the day this ballot order is made,unless such an employee has made a conditional termination of that instrument.

4. TYPE OF BALLOT

The ballot is to be conducted as determined by the Australian Electoral Commission after consultation with the parties.

5. 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.

6. 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 AMWU members against your employer,which may involve taking separately,concurrently and/or consecutively any or all of the actions set out below:

    1 hour stoppages of work;2 hour stoppages of work;3 hour stoppages of work;4 hour stoppages of work;8 hour stoppages of work;12 hour stoppages of work;24 hour strikes;48 hour strikes;72 hour strikes;strikes for a period of one week;indefinite strikes;indefinite or periodic bans on overtime;indefinite or periodic partial work bans,indefinite or periodic bans on the use of tools for a breakdown,indefinite or periodic bans on the use of radios or paging systems,indefinite or periodic bans on attending training or training other employees,indefinite or periodic bans on staggering breaks.”

7. TERM AND DATE OF EFFECT

The order shall come into effect from 23 September 2015 and shall remain in force for a period of one month.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR572200
Title:
PR572200 - Decision - 22 Sep 2015
Effective:
23 Sep 2015
Updated:
9 Jun 2016
Related Information
1.0.11.0 SD