Inco Ships Pty Ltd v The Australian Institute of Marine and Power Engineers and The Australian Maritime Officers' Union

In the Fair Work Commission, Inco Ships Pty Ltd contested a decision by Commissioner Cambridge, handed down on 16 March 2016, in matter number AG2015/6927. The case involved a dispute between Inco Ships Pty Ltd and two unions, the Australian Institute of Marine and Power Engineers and the Australian Maritime Officers' Union, concerning industrial action taken by the unions. The unions alleged unfair labour practices by the employer, while Inco Ships Pty Ltd sought to have the industrial action declared illegal.

The central legal issue the Commission was required to resolve was whether the industrial action taken by the unions was protected under the Fair Work Act 2009. Specifically, the Commission had to determine if the action was genuinely for the purpose of achieving a better workplace outcome, as required by the Act. In addition, the court had to assess if the employer had breached the provisions of the Act by attempting to undermine the unions' activities.

In its reasoning, the Commission found that the industrial action was genuinely undertaken for the purpose of achieving a better workplace outcome. The Commission concluded that the unions had acted in good faith and that the employer had breached the Act by attempting to undermine the unions' activities. The Commission held that the employer's actions were designed to intimidate and coerce employees into abandoning their union membership and activities. As a result, the Commission dismissed Inco Ships Pty Ltd's appeal and upheld the decision of the Commissioner. The Fair Work Commission's decision stands as a reminder of the importance of protecting the right to unionise and engage in collective bargaining.