Paper Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Citation: [2013] FCA 453
What happened
Australian Paper and unions entered into enterprise agreements providing that management could direct employees to perform duties within their skill and training. On 8 May 2013, the unions staged a picket outside the Maryvale paper mill. Employees assembled at a nearby oval. Australian Paper directed employees to return to work. Some employees did not return immediately, citing safety concerns.
What was decided
The Court dismissed Australian Paper's application for interlocutory relief. The Court found that clause 9.4 of the enterprise agreement does not compel an employee to attend work when directed. The clause only governs the duties an employee must perform once they have presented at the workplace. Loss of pay for non-attendance is the only remedy under the agreement.
What it means for employers
Enterprise agreements that direct employees to perform certain duties do not necessarily compel attendance at work. Employers cannot use a clause about work duties to force attendance during a picket or protest. The remedy for non-attendance is loss of pay, not enforcement of compulsory attendance.
What it means for employees
Employees cannot be compelled to cross a picket line or enter the workplace by a contractual direction about work duties. While employers can impose loss of pay for non-attendance, they cannot seek court orders to force employees to attend work.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2013/2013fca0453Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →