ORDER

Fair Work Act 2009
s.418—Industrial action

Esso Australia Pty Ltd
v
The Australian Workers’ Union
(C2015/1962)

ESSO GIPPSLAND (LONGFORD AND LONG ISLAND POINT) ENTERPRISE AGREEMENT 2011
(ODN AG2011/14869)  [AE890882]

Alleged industrial action at Esso, Longford Plant.

1. TITLE

This Order shall be known as the Esso Australia Pty Ltd Industrial Action Order 2015 No 3 (the Order).

2. APPLICATION and PARTIES BOUND

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 who are members of the AWU and who are covered by the Esso Gippsland Longford and Long Island Point Enterprise Agreement 2011 (Employees);

(d) Esso Australia Pty Ltd (Esso).

3. DEFINITIONS

3.1 Subject to 3.2, 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 equipment testing, air freeing, and leak testing;

(b) a ban, limitation or restriction on the performance of work on the performance of equipment testing, air freeing, and leak testing.

3.2 For the purpose of this Order, industrial action excludes any ban on the performance of equipment testing where that ban is the subject of a proper notice of employee claim action.

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;

(c) 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 equipment testing, air freeing and leak testing.

The order is called the Esso Australia Pty Ltd Industrial Action Order 2015 No 3 (the “Order”).

The Order prohibits the AWU and members of the AWU from organising and engaging in any ban, limitation or restriction on the performance of equipment testing, air freeing and leak testing.

The Order applies to:

(i) the AWU;

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

(iii) employees of Esso Australia Pty Ltd who are members of the AWU and who are covered by the Esso Longford and Long Island Point Agreement 2011.

AWU members must not refuse to perform, or impose limitations or restrictions on the performance of equipment testing, air freeing and leak testing for the duration of the order.”

(b) by 6.00 pm on 6 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 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) 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

This order shall come into effect at 6.00 pm on Friday 6 March 2015 and shall cease to have effect at 6.00 pm on Friday 20 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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