The Australian Workers' Union v Superior Energy Services (Australia) Pty Ltd

[2023] FWC 3188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

The Australian Workers' Union
v

Superior Energy Services (Australia) Pty Ltd

(B2023/1320)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 1 DECEMBER 2023

Application to extend the 30 day period in relation to B2023/995

This matter concerns the declaration of the result of a protected action ballot (PR766351) held in matter B2023/995 and declared on 1 November 2023.

The Australian Workers’ Union (AWU) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the AWU contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

Superior Energy Services (Australia) Pty Ltd as not advised the Commission of any objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible AWU members employed by Superior Energy Services (Australia) Pty Ltd be extended by a further 30 days.

This order will operate on and from 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) has applied to the Fair Work Commission (FWC) to extend the authorised period for protected industrial action against Superior Energy Services (Australia) Pty Ltd. The application concerns the declaration of a protected action ballot held in matter B2023/995, which was declared on 1 November 2023. The AWU seeks an extension of the 30-day period, as authorised by section 459(3) of the Fair Work Act 2009. The primary legal issue before the FWC was whether the application met the statutory requirements for an extension and whether any objections from Superior Energy Services (Australia) Pty Ltd warranted denying the application.

The FWC considered whether the AWU had met the requirements outlined in section 459(3) of the Act, including the condition that the period had not previously been extended. The FWC also assessed whether Superior Energy Services (Australia) Pty Ltd had any objections to the application. The AWU argued that all statutory requirements had been met, and Superior Energy Services (Australia) Pty Ltd did not object to the application. The FWC found that the AWU had satisfied the conditions set out in the Act for an extension and that there were no objections from Superior Energy Services (Australia) Pty Ltd. Consequently, the FWC determined that the application should be granted.

In light of the findings, the FWC ordered an extension of the 30-day period for the commencement of protected industrial action for eligible AWU members employed by Superior Energy Services (Australia) Pty Ltd. The extension is effective from 1 December 2023, providing a further 30 days for industrial action to be authorised. This decision ensures that the AWU can proceed with the planned industrial action within the extended timeframe, subject to the conditions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established