The ruling held that unions pursuing non-permitted matters in bargaining were not automatically excluded from seeking protected action ballot orders, and that consideration needs to be taken into account as to whether they were genuinely trying to reach an agreement.
Esso was granted leave to appeal against the ruling granting ballot orders at the operations.
“The Commission’s decision will lead to uncertainty and risks for employers and the community and it is important that these are addressed without delay,” Ai Group Chief Executive Innes Willox said.
“In all circumstances if a union is pursuing a claim which is not a permitted matter the union must not be granted a protected action ballot order to authorise industrial action.
“This rule needs to be written into the Fair Work Act in clear and unambiguous terms as Ai Group has proposed in its submission to the Senate Committee which is currently inquiring into the Fair Work Amendment (Bargaining Processes) Bill 2014.”
The Bill is currently before the Senate Education and Employment Legislation Committee, due to report on 25 March 2015.