The Federal Court has doused the construction watchdog's pursuit of one of the CFMMEU's national leaders for allegedly organising an illegal strike, finding construction workers were entitled to pass more than two showery days in a "smoko shed" under the award's inclement weather provisions.
In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.
The ABCC is investigating stoppages at five Sydney building projects overseen by two builders ahead of possible protected industrial action ballots by members of the CFMMEU, which is pursuing a new pattern agreement.
The CFMMEU construction and general division's NSW branch has warned sub-contractors that have signed its new pattern agreement they face being reported to the ABCC unless they switch to a nine-day fortnight from December 1.
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The FWC has renewed an entry permit to an AMWU organiser who went from serial lawbreaker to a "well-meaning but mistaken contravener", before his recent six-year track record as a "well-trained clean skin".