The February 2015 Fair Work Commission proceedings between ESSO Australia Pty Ltd and the
Australian Workers’ Union (AWU) concerned an application by ESSO for orders of the tribunal
stopping industrial action by the AWU and its members.
What factors did Deputy President Hamilton take into consideration to decide the application?
In your answer you should address the following points:
The “theory of the case” of each advocate;
How each advocate justified their case theory; and
The circumstances needing to exist for the FWC to make orders stopping industrial action.