Case law page 21 of 34

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


Esso, AWU slog on towards new deal as termination threat hovers

Esso Australia and the AWU have resumed protracted negotiations over a new enterprise agreement covering offshore oil and gas workers in Bass Strait ahead of a February 4 hearing of the company's s225 application to terminate the existing deal.


Union admissions clear path for delegates' unfair dismissal claims

Two AMWU delegates sacked by Visy for allegedly organising unprotected industrial action over a new drug and alcohol policy will have their delayed unfair dismissal cases heard after admissions by the union and one of its officials helped end entwined Federal Court proceedings today.

Legislation says industrial action "did not happen": Bench

In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.

Judge questions laws on docking pay for unlawful industrial acts

A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.

FWC calls out union for "rallying" members to take unlawful action

The FWC has found the RTBU organised unprotected industrial action at Queensland Rail in the lead-up to the state's River Fire Festival weekend and couched a directive discouraging members from participating "in terms that rallied" them.

Planned court security action "perilous"

The FWC has ordered Broadspectrum's WA court security and transport officers to suspend protected action, finding that banning overtime and ditching uniforms posed a risk to the public, court and hospital staff and the prisoners themselves.

Union sin-binned over garbled message in XXXX dispute

The union leading the campaign against prospective job losses at a major brewery is at risk of being sidelined after the FWC found it "reached the line between [unacceptably careless disregard] and. . . deliberate non-compliance" in failing to communicate restraining notices to members.

Commissioner wrong in assuming tribunal "predisposition": Bench

An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.

Court orders first personal fine against a union official

A full Federal Court has today ushered in a new age in which union officials are held personally liable for breaching IR laws, ordering a CFMMEU organiser to pay almost $20,000 from his own pocket for his role in disrupting work at a construction site in 2013.