A full Federal Court majority has today rejected a judge's reasoning for ordering the MUA to pay a fine of just $38,000 for a week-long unlawful strike at Hutchison Ports' Sydney and Brisbane container terminals, but has rebuffed the FWO's contention that the stevedore should have been awarded $600,000 in damages it didn't seek.
A full Federal Court has upheld a finding that agreement-sanctioned union stopwork meetings can be freely used to delay and disrupt business as part of a campaign strategy, but has increased fines for the CFMMEU's coercion of head contractor Hutchison by almost 30%.
Faced with a "byzantine" and bewilderingly complex bid to recoup millions of dollars in damages, the Federal Court has found the CFMMEU organised unlawful bans at the Port Botany container terminal in 2017 but suggested further mediation on relief to take a load off public resources.
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An FWC full bench has upheld a decision requiring the CFMMEU to give DP World extra notice of industrial action at container terminals in Brisbane, Fremantle, Sydney and Melbourne, despite the union's protestations that it placed too much emphasis on the effect upon third parties.
The FWC earlier this month halted industrial action at BP's Kwinana oil refinery after it accepted that a shutdown of up to a fortnight would be the "unavoidable and inevitable consequence" of protected bans and limitations by AWU members.
Victoria's Supreme Court has lobbed a $120,000 contempt fine against the CFMMEU for pre-amalgamation MUA leaders' speeches to picketers at a Melbourne container terminal, finding the union made a calculated decision that its interests would be well served by flouting "no go" orders.