INPEX Australia Pty Ltd v The Australian Workers' Union

The appeal, heard by the Full Bench of the Fair Work Commission, involved INPEX Australia Pty Ltd, a company involved in the oil and gas industry, and The Australian Workers' Union. The dispute arose from an unfair dismissal claim brought by the union on behalf of its members who were employed by INPEX. The members alleged that their dismissal was unfair and contrary to the provisions of the Fair Work Act 2009. The case was initially decided by Deputy President Binet in the Federal Circuit Court in Perth, with the decision handed down on 24 August 2020.

The key legal issues before the Full Bench were whether the dismissal of the union members was indeed unfair, and if the decision of the Deputy President was correct in law. Specifically, the court needed to determine whether the dismissal was harsh, unjust, or unreasonable, and whether there were any other circumstances that made the dismissal unjust. The appeal also sought to clarify the application of the relevant statutory provisions and the interpretation of the evidence presented during the original proceedings.

In its reasoning, the Full Bench considered the evidence and submissions from both parties, as well as the applicable legal principles. The court found that the Deputy President had correctly applied the law and made no error in his findings. The Full Bench held that the dismissal was not unfair, as it was based on valid reasons, and the process followed was procedurally fair. The court found that the employees' dismissal was related to their involvement in industrial action, which was not protected under the Fair Work Act. The Full Bench dismissed the appeal, upholding the decision of the Deputy President.

The final orders of the Full Bench were that the appeal be dismissed and that the decision of the Deputy President remain in place. The union's claim for unfair dismissal was rejected, and the dismissal of the employees was found to be lawful. The Full Bench emphasised the importance of the proper conduct of industrial action and the rights of employers to manage their business without undue interference.