The Australian Workers' Union v Halliburton Australia Pty Ltd

[2013] FWC 6260

[2013] FWC 6260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Australian Workers' Union
v
Halliburton Australia Pty Ltd
(B2013/1175)

COMMISSIONER JOHNS MELBOURNE, 29 AUGUST 2013

Proposed protected action ballot by employees of Halliburton Australia Pty Ltd.

[1] On 27 August 2013 the Australian Workers’ Union (AWU) made an application for a protected action ballot order in relation to a group of employees of Halliburton Australia Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The AWU indicated that it wanted to ballot

employees of the Employer who are currently covered by the Halliburton Australia Pty Ltd Bass Strait Offshore Cementing Services Agreement 2010 who perform offshore cementing services and who will be covered by a proposed enterprise agreement to replace that agreement and who are members of the AWU and who have not appointed someone other than the AWU to be their bargaining representative.

[4] That description of the group of employees to be balloted goes beyond what is necessary under s.437(5) of the Act. The Order will reflect the statutory prescription.

[5] On 27 August 2013 the Employer objected to the application. On 28 August 2013 the Employer withdrew its objection.

[6] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[7] The Order [PR540898] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR540897>