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150 articles are classified in All Articles > Industrial action/disputes > Case law


Rail stoppage threat after court spikes free ride

While Metro Trains has secured a Federal Court injunction calling off industrial action that would have enabled Melbourne commuters to travel free, it now faces a four-hour stoppage that the RTBU claims to be a response to "aggressive attacks".

Employer wanted workers to give "100%" to strike: FWC

An employer has been labelled "disingenuous" and a union told it could struggle to explain its interest to members in the "curious" case of employees not paid for work performed when they returned to their jobs before the end of a protected strike.

NRMA sues union over logo use

In a novel claim accusing the CFMMEU's maritime division of breaching intellectual property and consumer laws during negotiations for Manly Fast Ferry workers, the NRMA is suing the union for significant damages allegedly caused by using its logo in campaign material.

MUA to challenge "unprotected bans" ruling

Stevedore DP World has opened up a new strategy for employers seeking to sideline industrial action, winning a ruling from the FWC that MUA bans on shift extensions were not protected because the employer never asked employees to work beyond their hours within 30 days.

Week-long rolling stoppages hit the docks

About 1800 waterfront workers have today begun a campaign of rolling strikes at DP World container terminals across Australia this week, after the MUA and stevedore failed to reach agreement on a new enterprise deal.


Commission took proper account of reduced bargaining power: Full court

An FWC member gave due recognition to the reduction of employees' bargaining power that would flow from him acceding to a DP World bid to extend notice for CFMMEU industrial action from three to five days, according to reasons issued by a full Federal Court today.

Conciliators should bow out of arbitration if objections: Bench

In a significant decision on FWC practices, a Commission full bench has made a powerful case for members conciliating a matter to automatically step aside from arbitrating the dispute if a party objects to their continued involvement, obviating the need for recusal hearings.

Majority scraps penalty imposed after Hutchison strike

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.

Stopworks not unlawful industrial action: Full Court

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%.