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[1999] AIRC 1038
procedural. Order made for secret ballot to be conducted on 17 September 1999 with detailed directions for conduct; recommendation made for cessation of industrial action and resumption of work at 7:00am on...
The Australian Industrial Relations Commission ordered a secret ballot of Toyota employees to vote on a proposed workplace agreement. The ballot was to be held on 17 September 1999 at various Toyota sites across Australia, with specific arrangements for conduct, supervision, and accessibility (including interpreters). The Commission also strongly recommended that trades employees cease their industrial action immediately, noting that 3,000 production workers had been stood down and suppliers were affected.
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1 cited instrument linked from this judgment.
Secret ballot under Section 135 of the Act
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and others
SENIOR DEPUTY PRESIDENT WATSON MELBOURNE, 15 SEPTEMBER 1999
Secret ballot concerning proposed Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions
Under section 135(1) of the Act the Commission orders that a vote of those members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, National Union of Workers, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union [collectively "the unions"] and other persons proposed to be governed by the proposed Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions) 1999 who are employed by Toyota Motor Corporation Australia Ltd [the company"] in respect of its employees employed at:
iii. Taren Point, Shell Point and Woolooware Bay (NSW)
and who are covered by the Toyota Australia Vehicle Industry Award 1988 or the Toyota Australia (Professional Engineers and Scientists) Consent Award 1992, and who are involved in the current industrial dispute concerning the proposed Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions) 1999 be taken by secret ballot, without provision for absent voting, to ascertain their views in relation to the matter in accordance with the following directions:
1. Subject to such further directions that might be given from time to time by a Presidential Member of the Commission, the Industrial Registrar is to make arrangements for the conduct of the ballot.
2. The unions shall make available to the Industrial Registrar or his representative by 4.00pm on Wednesday, 15 September 1999, a list of their members employed at the locations specified above.
3. The company shall make available to the Industrial Registrar or his representative, and to the unions which form the Federation of Vehicle Industry Unions by 4.00pm on Wednesday 15th September 1999, the names of all employees proposed to be covered by the terms of the proposed agreement and those employees who are, as at Friday, 17 September 1999, absent on workers compensation, approved leave or other unauthorised absence.
4. The ballot shall be conducted at each work site on Friday, 17 September 1999 at the following times: Port Melbourne - 2.00pm to 7.00pm; Toyota Tooling Company, Taren Point, Shell Point, Acacia Ridge and Townsville, Darwin and Adelaide - 10.00am to 12 noon ; and Woolooware Bay - 3.00pm to 6.30pm, subject to the Industrial Registrar or his representative having the discretion to extend the time for balloting in circumstances where those employees entitled to vote have not had the opportunity to do so within the periods set out above.
5. The company shall take reasonable steps to advise all employees proposed to be governed by the Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions) 1999, by telephone or in writing of the ballot arrangements. The unions shall take reasonable steps to advise members of the ballot arrangements.
6. The ballot shall be conducted by a representative of the Industrial Registrar at the Port Melbourne site, and by an independent person acting on his behalf , at each of the other sites. In the latter respect the company shall arrange an independent person to conduct the ballot at each site, under the direction of the Registrar, or his representative, and notify the Industrial Registrar the identity of the independent person at each site by 12 noon on Thursday 16th September.
7. The Industrial Registrar or his representative, including the independent persons referred to in 6 above, shall attend the place of ballot throughout the period of that ballot, supervise its conduct and on that day distribute to persons eligible to vote a copy of the ballot paper.
8. The company shall prepare and distribute at each site to the Industrial Registrar, or his representative, a sufficient number of ballot papers for the purpose of voting at each site containing the question:
"Do you approve the making of an agreement in the terms of the Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions) 1999, as distributed on 2 September 1999"?
9. The company shall also provide to the Industrial Registrar, or his representative at each site a reasonable number of copies of the Toyota Australia Workplace Agreement (Port Melbourne, CSD, Sydney and Regions) 1999, having regard to the number of employees voting at each site, to be made accessible to employees at the time of voting, if required by the employee.
10. Interpreters in the languages of Vietnamese and Mandarin shall be made available by the company during the conduct of the ballot at the Port Melbourne site.
11. The company shall make available suitable facilities for the purpose of a secret ballot, including partitioned areas for voting.
12. The Industrial Registrar shall cause the results of the ballot to be counted and reported to me without delay.
Having regard to the process established to obtain the views of employees in relation to the terms of the proposed agreement and the significant and unacceptable impact of the present industrial action by trades employees upon the company, 3,000 production employees stood down as a result of the industrial action and the standing down of employees of suppliers to Toyota, I recommend in the strongest possible terms that the industrial action by trades employees cease and work resume, as normal, at 7.00am on Wednesday 15th September 1999.
Printed by authority of the Commonwealth Government Printer
Toyota Motor Corporation Australia Limited
Automotive, Food, Metals, Engineering, Printing and Kindred Industries - 588/99 M Print R9203 [1999] AIRC 1038;
Order made for secret ballot to be conducted on 17 September 1999 with detailed directions for conduct; recommendation made for cessation of industrial action and resumption of work at 7:00am on 15 September 1999.