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AWU fails in bid to dismiss coercion case

The AWU has failed in a bid to have the Federal Court summarily dismiss an FWO action claiming it took adverse action against two of its members who refused to take industrial action during bargaining with Orica.


CFMEU delegate accessorially liable for adverse action

A court has found a delegate liable as an accessory for adverse action after he stood by and failed to correct the record when an organiser told workers they would be removed from a construction site if they refused to join the union.

NSW Supreme Court refuses to shift Seven West case to federal sphere

The NSW Supreme Court says a deed signed by a former Seven West Media executive assistant restricting any court action to the state jurisdiction was a "powerful factor" in its refusal to transfer her employer's case against her to the Federal Court, where she is pursuing it for adverse action.

Judge notes members recruited unions into dispute; imposes big fine

The Federal Court has acknowledged in imposing more than $100,000 in fines on the AMWU, AWU and CFMEU and their organisers for taking unlawful industrial action and adverse action against Australian Paper that the unions only became involved when they "properly responded to the workers' needs".

Court rebuffs casual moved from A team to B team

A court has rejected a casual's claim that his employer took adverse action when it stopped offering him shifts after he refused a six-week contract to allegedly meet his family and caring responsibilities, finding he knocked the work back to go on a pre-booked holiday to Fiji.

Bench rejects union's adverse action case against BHP Coal

A full Federal Court has upheld a procedural decision to strike out an amended statement of claim in dismissing CFMEU's appeal alleging BHP Coal took adverse action against miners when it engaged a contractor with a cheaper workforce.

ABCC wins on individual fines, fails in adverse action case

The Federal Court has today imposed $1,300 individual fines on more than 50 construction workers who took unprotected industrial action to attend a rally at Perth's children's hospital project in 2013, while it has thrown out an ABCC adverse action case against the CFMEU construction and general division's ACT branch and officials.

$170,000 adverse action payout for brothel worker

An 18-time "best brothel In Australia" and its operator have been ordered to pay more than $170,000 in compensation and penalties to an award-winning receptionist who won an adverse action case after being dismissed for refusing to shift from permanent part-time to casual employment.