The meme was posted on a closed Facebook site during protracted wage bargaining which started in 2017 and was taken from the German film Downfall. It was accompanied with captions and titled "Hitler Parody EA Negotiations not going the [company's] way".

BP had described the video as "offensive and inappropriate", saying it had likened managers to Hitler and Nazis. In her decision, deputy president Melanie Binet said she was satisfied the video "did in fact cause offence to a number of BP employees". "I do not accept that by labelling something as a parody is a 'get out of jail free card' and necessarily means something is not offensive," she said.

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In its decision on Friday, the full bench of the Fair Work Commission said "it is apparent that the video does not liken BP management to Hitler or Nazis in the sense of

stating or suggesting that their conduct or behaviour was in some sense comparable in their inhumanity or criminality. What it does do is to compare, for satirical purposes, the position BP had reached in the enterprise bargaining process as at September 2018 to the situation

facing Hitler and the Nazi regime in April 1945.

"The position might be different if the clip used from the Downfall film depicted Hitler or Nazis engaging in inhumane and criminal acts (as many other parts of the film do); in such a case a comparison in terms of conduct or behaviour might be inferred and reasonably be regarded as offensive. But it does not."