1, This is a law case study, every sentence, every word needs to be 100% accurate.
2, The foundation of the paper is the Esso Australia PTY v Australian Workers Union.
Please look into the case, explain the case from the beginning to the end. The whole process.
3, The argument of the paper (Thesis statement)
Industrial actions help employees to advance their claims appropriately to employers. Industrial activities have to satisfy the provisions of the Fair Work Act 2009. In the Esso litigation, the High Court of Australia decided that the industrial action by the union was “unprotected’ because AWU failed to meet the requirement in section 413(5). The distinction between protected and unprotected industrial action is not always clear, High Court gives significant win to employers during enterprise bargaining. The Federal Court had held that a union only loses its entitlement to organize industrial action while the contravened order remained in operation ‒ once the order ceased to operate, the disentitlement to organize industrial action also ceased. While the High Court held that the disentitlement to organize industrial action continues to apply for the remainder of the period of enterprise bargaining; the cessation of operation of the order of the Commission contravened does not affect this.
4, Research the case and details.
For example, what is the conflicts? the case has been going through the federal court and the decision is the industrial action is protected, and then been raised to the High court, the final judgement is the industrial action is unprotected. Why? Why the federal court and the high court give different decision? Based on what? During the court, what claims been brought by Esso, AWU and the judge? What is the influence of the final decision?
5, Research questions:
- Why was the High Court defining the industrial action as unprotected?
- On what stand did the Federal Court Australia and the High Court Australia give different decision on “protected” or “unprotected”?
- What is the role of the Union in industrial action?
- What opportunity does a union have to organize strike action under the Fair Work Act, what are the existing limits on the ability of a registered organization to bring industrial action?
- How would Esso v AWU case impact the “protected” and “unprotected” industrial action bargaining in the further?
These 5 questions are the content of the paper, you have to link the question to the case and Fair Work Act 2009 to answer and find out why and explore.
6, Please use the recourse I provided and the list below, look into the court recording find out the claims, based on what condition such things.
A Articles/Books/Reports
Creighton, B, Denvir, C, Johnstone, R, McCrystal, S, & Orchiston, A (2018) Pre-strike ballots and collective bargaining: The impact of quorum and ballot mode requirements on access to lawful industrial action. Industrial Law Journal
McCrystal, S (2010) The Right to Strike in Australia, Federation Press
Mlungisi, E T (2016) The liability of trade unions for conduct of their members during industrial action (Doctoral dissertation)
Peetz, D, (2016) Industrial action, the right to strike, ballots and the Fair Work Act in international context, Australian Journal of Labour Law, 29(2), 133-153
B Cases
Aldi Foods Pty Ltd v Shop, Distributive & Allied Employees Association, [2017] HCA 53
ASP Ship Management Pty Ltd v Maritime Union of Australia, The [2015] FWC 7898
Esso Australia Pty Ltd v Australian Workers Union [2017] HCA 54 (6 December 2017)
Esso Australia Pty Ltd v Australian Workers Union [2015] FCA 758 (24 July 2015)
Esso Australia Pty Ltd v Australian Workers Union [2016] FCAFC 72 (25 May 2016)
Minister for Industrial Relations for State of Victoria v Esso Australia Pty Ltd [2019] FCAFC 26 (19 February 2019)
The Australian Workers’ Union of Employees, Queensland v State of Queensland; State of Queensland v Together Queensland, Industrial Union of Employees & Anor [2012] QCA 353
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525.
