A Federal Court judge has for the second time rejected FWO arguments that the CFMMEU's maritime division should not benefit from the Fair Work Act's single course of conduct mechanism in determining penalties for an unlawful strike.
A Federal Court judge has again pointed his finger at Victorian CFMMEU secretary John Setka's leadership in issuing a personal payment order against one of his long-serving officials for blockading a worksite to pressure a builder into negotiating an agreement with the union.
A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.
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In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.
A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.
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.
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".
A union delegate has been reinstated after the FWC determined that the absence of managerial opposition to a brief on-site "undies" protest meant it failed the legislative definition of unlawful industrial action.