Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 7-Dec-17
A landmark ruling of the High Court of Australia has major implications for unions regarding negotiations over enterprise bargaining agreements. The court ruled that unions are not permitted to take protected industrial action while EBA negotiations are underway if the union had previously breached an order of the Fair Work Commission regarding that bargaining. The Australian Workers’ Union had argued that unions are only required to comply with current rather than past orders of the FWC. The ruling could potentially result in the AWU being required to pay significant damages to Esso over strike action at the Longford gas plant in Victoria in 2015.
AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, HIGH COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, ESSO AUSTRALIA PTY LTD, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED)