Industrial action page 5 of 24

240 articles are classified in All Articles > Legal > Industrial action


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.

Ombudsman renews bid for big fine against MUA

The FWO has launched a challenge to last month's Federal Court order for the MUA to pay a $38,000 fine for a single contravention of the prohibition on unlawful strikes, when the watchdog was seeking $3.6 million for what it says was more than 500 breaches during industrial action against stevedore Hutchison Ports.

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.

FWO seeks record $3.55m fine, wins $38,000

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.

Double punishment rule thwarts regulators' hopes

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.

Ex-CFMEU official granted permit after Damascus moment

The FWC has granted an entry permit to a former CFMEU official once fined $30,000 for blockading a worksite and abusing workers in a bid to coerce Grocon into making an agreement, hearing he became a "different person" once employed as an AWU organiser.

MUA delegate who sparked blockade mistakenly "offered" full-time job

The MUA delegate whose loss of casual stevedoring shifts sparked last year's Webb Dock blockade was earlier mistakenly provided with a letter by the container terminal operator's HR-IR director declaring him a full-timer, the Federal Court has been told.

Watchdog seeks record fine to punish MUA

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.

FWC upholds Esso delegates' summary sacking

Two Esso Australia union delegates have failed to convince the FWC that their summary dismissals for isolating and abusing workers who accepted lower-paying contracts were unfair or in breach of the company's disciplinary policy.

No delay for damages case "shadowed" by union merger appeal

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.