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278 articles are classified in All Articles > Registered organisations > Case law


SDA members carved-out from RAFFWU-backed class action

Shine Lawyers says the exclusion of thousands of SDA members from its McDonald's class action will "inform future interplay" between union and non-union representative proceedings, while a full court ruling has set a "powerful precedent" for using collective action to protect workers' rights.

Supposed "psycho-social hazard" no excuse for stoppages: Court

In a matter closely examining when building workers can down tools in response to potential safety risks, a court has found that two union officials breached workplace laws when involved in effectively shutting down a major construction site over concerns about a fire hydrant and a belligerent project manager said to pose a "psycho-social hazard".

FWC bench derails loco division demerger push

The FWC has rejected the Victorian Locomotive Division's bid to demerge from the RTBU, just weeks after it issued a plea to a Senate inquiry to block a Closing Loopholes provision aimed at shuttting the door on such disamalgamations.

FWC upholds bona fides of AMWU officer's redundancy

The FWC has found the AMWU genuinely made special projects officer Dave Kelly redundant, finding it retrenched him because it "was no longer a good spend of union funds to pay" him, rather than any "union election-related skullduggery" or "capriciousness".

Full court backs FWC rejection of CFMMEU demerger ballot

A full Federal Court has today rejected a bid by the CFMMEU's manufacturing division to overturn the FWC's decision to deny it a ballot of members to win approval to disamalgamate from the broader union.

Employer made wrong call in blocking safety inspection: Court

A court has roasted a construction contractor for the "deficient evidence" it relied on for its "complete denial" that it breached entry laws when it blocked CFMMEU officials from inspecting a suspected safety flaw they identified after entering a site to examine another possible contravention.

AWU membership up, but CFMMEU's down as union splits

After years of battles with the organisations regulator over inaccurate membership records, the AWU has increased its supporter base by 1.5% in the latest reporting period, while the warring CFMMEU has shed 9,000 or 6% of its members in the last two reporting years.

Ravbar snagged for barbie entry breaches

CFMMEU leader Michael Ravbar has been skewered with his second personal penalty in four months for "blatantly" breaching entry rights when delaying work at a major project to promote an industry super fund during unauthorised early morning barbecues.

Court to consider AMWU election inquiry

The Federal Court will in October consider whether it has reasonable grounds to start an inquiry into a recent AMWU election, at the urging of an organiser who narrowly missed out on replacing the NSW branch's assistant secretary.

Demerger bids focus on future capacity, not the past: Bench

A FWC full bench has clarified that divisions seeking to demerge from unions under legislation introduced in 2020 cannot rely on allegations of past mismanagement, because consideration of such cases is limited to "forward looking" assessments of their capacity to represent members.