Australian Workers' Union, The v Baker Hughes Services Australia Pty Ltd

[2024] FWC 3296

[2024] FWC 3296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 437—Protected action

Australian Workers’ Union, The
v

Baker Hughes Services Australia Pty Ltd

(B2024/1542)

COMMISSIONER LIM PERTH, 27 NOVEMBER 2024

Proposed protected action ballot of employees of Baker Hughes Services Australia Pty Ltd.

1. This decision is about the Australian Workers’ Union’s application made under s 437 of the Fair Work Act 2009 (Cth) for a protected action ballot order in relation to certain employees of Baker Hughes Services Australia Pty Ltd.

1. The application was lodged on Monday 25 November 2024. That same day, Baker Hughes advised the Commission that they objected to the application. I listed the matter for hearing on Wednesday 27 November 2024. Prior to the hearing, the parties informed my Chambers that they had reached a consent position, including in relation to an extended period of notice for the taking of industrial action.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me – including the declaration of Mr Doug Heath, Offshore Alliance Organiser, setting out the steps taken by the AWU in bargaining with Baker Hughes, and that it has been, and is, genuinely trying to reach agreement with Baker Hughes –  I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s 443(1) of the Act have been met.

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s 443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is Wednesday 11 December 2024.[1] This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying an extended period of written notice for the purposes of s 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the proposed industrial action taken by employees arising from the ballot questions in Clause 5 of the Order.

1. An Order has been separately issued in PR781766.

1. Upon issuing a protected action ballot order the Commission is required by s 448A of the Act to also make an order directing the bargaining representatives to attend a conference for the purpose of mediation or conciliation in relation to the proposed agreement. An order and directions will accordingly be issued from my Chambers requiring that the parties attend a conference.

COMMISSIONER

Determined on the papers.

[1] This is, in effect, 10 days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR781765>