Case law page 11 of 33

323 articles are classified in All Articles > Industrial action/disputes > Case law


Chook-welfare argument fails to win extended notice of strikes

The FWC has rejected a chicken processor's argument that it should extend notice of the AMWU's proposed 12-hour maintenance strikes from three to seven days to ensure it doesn't breach RSPCA animal welfare guidelines and legislated standards, but has criticised the union for the "commercial unreality" of its suggestions about the defensive measures the company might undertake.

New entry permit denied for CFMMEU organiser

The FWC has refused to renew the entry permit of a CFMMEU construction division organiser it previously directed to undertake "emotional management" training, finding his role in an unlawful 2018 strike showed promises to reform when elected WA branch president did not play out.

ABCC's picketing claim crossed the line: Judge

A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".

PABO could be enough to trigger lockout, union warns

McCain Foods acted "pre-emptively" when it locked out workers at a Tasmanian potato processing plant before they embarked on protected action, the Fair Work Commission heard today.

Unions' inflatable rat eludes legal trap

In a decision that has piqued the interest of local unions, a US National Labor Relations Board majority has upheld a ruling that deploying a giant "Scabby the Rat" near neutral employers did not amount to an illegal secondary boycott.

Union, official fined after mistaken rally advice

The Federal Court has reined in fines sought against a union official after accepting he organised a building site stopwork and unlawfully requested strike pay out of "guilt" for telling workers they wouldn't get in trouble for attending a "Change The Rules" rally.

New powers needed to deter serial litigants: FWC bench

An FWC full bench has called for the Commission to win stronger powers to curb "serial litigation", after it awarded indemnity costs against a worker who sought to overturn a failed four-year-old reclassification ruling.

HR boss best placed to represent Officeworks: FWC

The FWC has rebuffed Wesfarmers subsidiary Officeworks' request that it be represented by law firm Freehills in a dispute with the SDA and has suggested, based on correspondence from the company, that its head of HR, Heidi Dorman, should appear.

Court backs docking pay for "make-safe" actions

An employer rightly deducted 12 hours' pay from mineworkers who took as little as five minutes to secure their machinery and make it safe in preparation for protected action on five occasions across three days, the Federal Court has held.

Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.