The Australian Workers' Union v Noble Drilling Australia Pty Ltd

[2023] FWC 1197

[2023] FWC 1197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers’ Union

v

Noble Drilling Australia Pty Ltd

(B2023/463)

VICE PRESIDENT CATANZARITI SYDNEY, 19 MAY 2023

Proposed protected action ballot of employees of Noble Drilling Australia Pty Ltd

1. This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Noble Drilling Australia Pty Ltd (Respondent).

1. On 18 May 2023, the Respondent did not oppose the application.

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 statutory declaration of Jason John Lipscombe of the Applicant declared on 16 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR762085.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR762086>