The Australian Workers' Union (002N) v DOF Australia Pty Ltd
Citation: [2026] FWC 2383
At a glance
- Employees affected
- 53
What happened
The Australian Workers' Union (AWU) applied to the Fair Work Commission seeking orders under s418 of the Fair Work Act 2009 to stop industrial action by DOF Australia Pty Ltd. The dispute arose from negotiations for a new enterprise agreement replacing the DOF Subsea Australia Pty Ltd ROV Casual Enterprise Agreement 2021. DOF, an offshore services company, engaged casually-based ROV employees who are members of the AWU. On June 18, 2026, these employees were demobilised from the Skandi Inventor vessel following a notice issued by Saipem instructing DOF to cease activities and return to port. This occurred during rolling stoppages initiated by the AWU and after previous notices regarding industrial action.
What was decided
The Fair Work Commission dismissed the AWU’s application under s418 of the Fair Work Act 2009. Deputy President Beaumont found that, based on the evidence presented, it did not appear that unprotected industrial action was occurring or threatened. The Commission must ordinarily form an opinion about this matter within 48 hours. DOF argued the demobilisation was due to instructions from Saipem and logistical constraints preventing immediate reassignment of the vessel.
What it means for employers
Employers should ensure they have clear communication protocols when dealing with industrial action, especially regarding contract obligations and client directives. The decision highlights the importance of documenting reasons for workforce changes and adhering to contractual notice periods where applicable. Employers need to be prepared to demonstrate that actions taken are not retaliatory responses to protected industrial action.
What it means for employees
Employees should understand their rights regarding industrial action and ensure any notices or communications from unions are properly understood. Employees engaged under casual agreements, as in this case, should review the terms of their employment contracts, particularly clauses relating to termination and project completion.
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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 →