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.
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.
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.
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.
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.
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.
A judge has today comprehensively rejected an FWO attempt to rewrite the way courts assess fines for unlawful strikes, ordering the CFMMEU's MUA division to pay $38,000 for a solitary contravention after the watchdog sought $3.6 million in penalties for more than 500 breaches.
In a significant ruling that might reduce penalties regulators can win for Fair Work Act breaches, the Federal Court has found that the legislation's double jeopardy provision prevents the imposition of separate fines for related contraventions arising from the same conduct.
The FWO is seeking to fine the CFMMEU's MUA division more than $3.5 million for unlawful industrial action against Hutchison Ports, using a novel argument that historic contraventions of the same Fair Work Act provision denies the union the benefit of the legislation's single course of conduct mechanism.
The FWC has tossed out for want of jurisdiction an "unprecedented" pay dispute lodged by sacked FAAA national division secretary Andrew Staniforth against Qantas to correct overpayments, with a senior deputy president stating he has never encountered a "stranger industrial proposition".
