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Esso Australia Pty Ltd v The Australian Workers' Union [2016] FCAFC 72

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INDUSTRIAL LAW - construction of s 418 of the Fair Work Act 2009 (Cth) - powers of the Fair Work Commission under s 418 - such orders are limited to the scope of identified industrial action - primary judge held that orders of the FWC lacking in specificity were invalid - no error in the approach of the primary judge INDUSTRIAL LAW - Fair Work Commission ordered that "de-isolation of equipment" was protected industrial action - dispute between parties as to the practical meaning of "de-isolation of equipment" - primary judge found that the construction to be given to what is protected industrial action is that which a reasonable person in the position of the employer would understand it to mean - no error in conclusion by the primary judge INDUSTRIAL LAW - whether the union was in breach of coercion provisions under the Fair Work Act 2009 (Cth); ss 343, 346 and 348 - two elements to be satisfied to find coercion (Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378) - not necessary to establish the person intended to act unlawfully - not a defence that a person believed their action to be lawful - intent to coerce requires showing negation of choice

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