Talks between Chevron and the workers' unions broke down last week without a deal, and the industrial action is scheduled to escalate to two weeks of 24-hour stoppages on Thursday.
Chevron would have to demonstrate a sustained attempt to negotiate with unions for the tribunal to rule in its favour, he added.
Strikes could actually demonstrate workers were so committed to bargaining that they were willing to stop work and forgo wages, she added.
"Strike action is a legitimate form of action, workers have the right to do this," she said.
Any party involved can contest a FWC ruling and seek judicial review, Charles Power, partner at law firm Holding Redlich said, although a court would not again hear the facts of the case.
Persons:
Australia's, Steve Purvinas, Purvinas, Shell, Shae, McCrystal, Charles Power, Redlich, Lewis Jackson, Renju Jose, Alasdair Pal, Miral
Organizations:
Reuters, Chevron, Handout, REUTERS Acquire, Rights, CAN, Virgin Australia, Australian Licensed Aircraft Engineers ’ Association, Virgin, Offshore Alliance, Shell, University of Sydney, Thomson
Locations:
Wheatstone, Western Australia, Federal, Shell, Woodside, Inpex, Sydney