PR561142

The attached document replaces the document previously issued with the above code on 18 February 2015. A hard copy of the document was handed to the parties on 17 February 2015.

Paragraph 5.1 (a), the third sub paragraph, and Paragraph 5.1 (a) (iii) have been modified to reflect the detail in paragraph 4 of the Order. The last paragraph of 5.1 (a) has the bold and underline format removed.

Bronwyn Corless

Associate to Deputy President Hamilton

Dated: 18 February 2015

PR561142

FAIR WORK COMMISSION

ORDER

Fair Work Act 2009
s.418—Industrial action

Esso Australia Pty Ltd
v
The Australian Workers’ Union
(C2015/1709)

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 FEBRUARY 2015

Industrial action at Esso Gippsland (Longford and Long Island Point), members of the AWU.

1. TITLE

This order shall be known as the Esso Australia Pty Ltd Industrial Action Order 2015 No 1 (the Order).

2. APPLICATION and PARTIES BOUND

The parties bound by this order are:

2.1 This Order is binding on and applies to:

(a) the Australian Workers Union (the AWU);
(b) the delegates, officers, employees, servants, and agents of the AWU;
(c) employees of Esso Australia Pty Ltd (Esso) who are members of the AWU (collectively, the Employees); and
(d) Esso

3. DEFINITIONS

3.1 For the purposes of this Order, ‘Industrial Action’ has the meaning prescribed by section 19 of the Fair Work Act 2009 (Act) and includes:

(a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work the result of which is a restriction or limitation on, or a delay in, the performance of the work;

(b) a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work;

(c) a failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work; and

(d) in particular, a ban on the performance of overtime contrary to the Esso
Gippsland (Longford and Long Island Point) Enterprise Agreement 2011 and contrary to custom and practice regarding availability for and the performance of overtime;

but excludes:

(e) protected action within the meaning of the Act;

(f) action by an employee that is authorised or agreed to by Esso; and

(g) action by an employee if such action was based upon the employee’s reasonable concern about an imminent risk to the employee’s health or safety, and the employee did not unreasonably fail to comply with the directions of the employee’s employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.

4. INDUSTRIAL ACTION MUST STOP, NOT OCCUR AND NOT BE ORGANISED

4.1 On and from the time specified in clause 6.1 of this Order:

(a) the AWU;

(b) delegates, officers, employees, and agents of the AWU;

Must not organise any industrial action.

Employees must not engage in industrial action.

5. SERVICE OF ORDER

5.1 The AWU must:

(a) as soon as practicable following the time specified in clause 6.1 of this Order, prepare a written notice (the Written Notice) signed by an authorised official of the AWU in the following terms:

“The Fair Work Commission has issued a section 418 order to stop or prevent industrial action.

The order is called the Esso Australia Pty Ltd Industrial Action Order 2015 No 1 (the “Order”).

The Order prohibits the AWU, and its members from organising and engaging in unprotected industrial action.

The Order applies to:

(i) the AWU;

(ii) delegates, officers, employees, and agents of the AWU; and

(iii) employees of Esso Australia Pty Ltd who are members of the AWU.

All AWU members, delegates, officers, employees, agents of the AWU must not take any unprotected industrial action for the duration of the order - and in particular, must not take or institute any ban on the performance of overtime which is contrary to the Esso Gippsland (Longford and Long Island Point) Enterprise Agreement 2011 and contrary to custom and practice regarding availability for and the performance of overtime.”

(b) by 5:00 pm on 18 February 2015 the AWU must:

(i) distribute the Written Notice to all members by email and by SMS message “Esso members are prohibited from taking unprotected industrial action. Please see link:” with a link to the Written Notice;

(ii) provide a copy of the Written Notice to Esso;

(iii) publish the Written Notice on a prominent place on the AWU website www.awu.net.au;

5.2 As soon as practicable following the time specified in clause 6.1 of this Order, Esso must:

(a) email all Employees, which must:

(a) attach a copy of this order; and

(b) contain the text of the Written Notice outlined in 6.1(a) but adapted to clarify that the Written Notice is communicated by Esso to the Employees.

(b) place a copy of this order on the notice board(s) usually used by Esso for the purposes of communicating with the Employees.

6. TERM AND DATE OF EFFECT

6.1 This order shall come into effect from 1.00 am on 18 February 2015.

6.2 The stop period for the purposes of section 418(1) of the Act is specified as being the period from the commencement of this order until 5.00pm on 17 March 2015.

Seal of the FWC with DP Hamilton's signature

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer