Esso Australia Pty Ltd v Australian Workers' Union

Esso Australia Pty Ltd appealed against a decision of the Fair Work Commission (FWC) and the Australian Workers' Union (AWU) cross-appealed. The dispute centred on the interpretation of section 418 of the Fair Work Act 2009 (Cth) and the nature of protected industrial action. Esso argued that the FWC's orders lacked specificity and the AWU's actions constituted coercion contrary to the Act. The primary judge ruled that the FWC's orders were invalid due to their lack of specificity and that the AWU had not coerced Esso. Both parties appealed to the Full Court.

The court needed to determine whether the FWC's orders were sufficiently specific under section 418(3) of the Act, if the AWU's actions were protected industrial action, and whether the AWU had coerced Esso as alleged. The court also considered if the AWU had breached the coercion provisions under sections 343, 346, and 348 of the Act. The key issue was the interpretation of "de-isolation of equipment" as protected industrial action and the threshold for coercion under the Act.

The court found that the FWC's orders, while not perfectly specific, were within the scope of the jurisdiction granted by section 418(1) of the Act. The court upheld the primary judge's interpretation that "de-isolation of equipment" could be understood by a reasonable employer. Regarding coercion, the court held that the intent to coerce required a negation of choice, but it was not necessary to establish that the person intended to act unlawfully. The court allowed the AWU's appeal and dismissed Esso's appeal, setting aside certain declarations and orders made by the primary judge.

The court granted leave to appeal and set aside the declaration that the AWU contravened section 421(1) of the Fair Work Act by failing to prepare a written notice. The appeal was otherwise dismissed. The court ordered that Esso's Second Further Amended Originating Application be dismissed and gave the parties an opportunity to make submissions on a different order as to costs.