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

[2013] FWC 8861

[2013] FWC 8861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Workers’ Union
v
Superior Energy Services (Australia) Pty Ltd
(B2013/1407)

COMMISSIONER JOHNS MELBOURNE, 12 NOVEMBER 2013

Proposed protected action ballot by employees of Superior Energy Services (Australia) Pty Ltd.

[1] On 8 November 2013 the Australian Workers’ Union (AWU) made an application for a protected action ballot order in relation to a group of employees of Superior Energy Services (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 Respondent who are currently covered by the Imperial Snubbing Services Rig Workers’ (Workover Rig) Agreement 2009 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 11 November 2013, the Employer confirmed in writing that it did not have any objections to the Order being issued.

[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 [PR544412] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544411>