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".
The Victorian Supreme Court has rejected an application by the CFMMEU to delay civil damages proceedings brought by the operator of Port of Melbourne's new "robo" terminal until its merger with the MUA and TCFU is bedded down.
The FWC has ordered the ANMF and United Voice to call off planned industrial action at a patient transport provider, finding their failure to provide greater clarity when notifying the action than they did when applying for the ballot left the employer unable to respond or prepare.
Esso Australia is seeking to prevent the Fair Work Commission from making a workplace determination for its Bass Strait oil and gas operations, arguing its legal basis has been "fatally undermined" by a recent High Court ruling.
A court has elected not to impose a personal payment order against a CFMEU official fined $7500 for organising action that severely disrupted a major construction project, despite finding his actions "nothing short of unconscionable".
The Fair Work Ombudsman disciplined one of its senior inspectors over his unauthorised participation to help an employer in a conciliation conference convened by the FWC, a new tribunal decision reveals.
The Fair Work Commission has ordered an end to Glencore's lockout and a CFMEU picket at the Oaky North coal mine in Queensland, to provide a cooling-off period before a second vote on a proposed agreement on March 27.
