AE890812 PR561655

FAIR WORK COMMISSION

ORDER

Fair Work Act 2009
s.418—Industrial action

Esso Australia Pty Ltd
v
The Australian Workers’ Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(C2015/1908)

ESSO OFFSHORE ENTERPRISE AGREEMENT 2011
(ODN AG2011/14889) [AE890812]


Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 5 MARCH 2015

Alleged industrial action at Esso Australia Pty Ltd (Esso).

1. TITLE

This order shall be known as the Esso Australia Pty Ltd Industrial Order 2015 No 2 (the Order).

2. APPLICATION and PARTIES BOUND

The Order is binding on and applies to:

2.1 the Australian Workers’ Union (the AWU);

2.2 the delegates, officers, employees, servants, and agents of the AWU;

2.3 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU);

2.4 the delegates, officers, employees, servants, and agents of the CEPU;

2.5 employees of Esso Australia Pty Ltd who are:

(a) members of the AWU and who are covered by the Esso Offshore Enterprise Agreement 2011;

(b) members of the CEPU and who are covered by the Esso Offshore Enterprise Agreement 2011

(collectively, the Employees); and

2.6 Esso Australia Pty Ltd (Esso).

3. DEFINITIONS

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

3.1 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;

3.2 a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work;

3.3 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;

but excludes:

3.4 protected industrial action within the meaning of the Act;

3.5 action by an employee that is authorised or agreed to by Esso; and

3.6 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 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;

(d) delegates, officers, employees, and agents of the CEPU;

(e) the Employees;

Must not organise any industrial action.

4.2 On and from the time specified in clause 6.1 of this Order, 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 unprotected industrial action. The unprotected industrial action identified by the Fair Work Commission was the refusal of employees to perform de-isolation work required to restore fuel gas supply to 11 offshore platforms.

The order is called the Esso Australia Pty Ltd Industrial Action Order 2015 No 2 (the “Order”).

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

The Order applies to:

(i) the AWU;

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

(iii) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)

(iv) delegates, officers, employees, and agents of the CEPU; and

(v) employees of Esso Australia Pty Ltd who are members of the AWU or CEPU and who are covered by the Esso Offshore Enterprise Agreement 2011.

All AWU members, delegates, officers, employees, agents of the AWU must not take any unprotected industrial action for the duration of the order.”

(b) by 5:00 pm on 5 March 2015, the AWU must:

(i) distribute the Written Notice to all Employees who are members of the AWU 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 The CEPU 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 CEPU in the following terms:

The order is called the Esso Australia Pty Ltd Industrial Action Order 2015 No 2 (the “Order”).

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

The Order applies to:

(i) the CEPU;

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

(iii) the Australian Workers’ Union (AWU);

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

(iv) employees of Esso Australia Pty Ltd who are members of the AWU or CEPU who are covered by the Esso Offshore Enterprise Agreement 2011.

All CEPU members, delegates, officers, employees, agents of the CEPU must not take any unprotected industrial action for the duration of the order.”

(b) by 5:00 pm on 5 March 2015, the CEPU must:

(i) distribute the Written Notice to all Employees who are members of the CEPU 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 CEPU website www.etu.org.au.

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

(a) email all Employees, which must:

(i) attach a copy of this order; and

(ii) contain the text of the Written Notice outlined in 5.1(a) and 5.2(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 on Thursday 5 March at 5.00 pm.

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 5.00 pm on Thursday 19 March 2015 (two weeks).

DEPUTY PRESIDENT

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