Legislation page 1 of 4

35 articles are classified in All Articles > Industrial action/disputes > Legislation


Union officials to pay fines despite ABCC's "hyperbolic" argument

The ABCC has enjoyed another mixed result in its campaign to bring the CFMMEU to heel, a Federal Court judge agreeing to impose personal payment orders against three officials involved in picketing a building site but rejecting argument that the union's past record should necessarily attract maximum penalties.

MUA back where it began as fined $38K for unlawful strike

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.

Personal payment orders mount up for Victorian CFMMEU officials

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.

Bench rejects employer's bid to review strike suspension powers

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.

"Two Longs" case headed to High Court; Hanna appeal; & more

"Two Longs" case headed to High Court; Hanna to appeal document destruction finding; United Voice's "massive" penalty rates campaign; Australia Post compensation claims deliberately slowed: Investigation.

Legislation says industrial action "did not happen": Bench

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.

Judge questions laws on docking pay for unlawful industrial acts

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.

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.

CFMEU official fined, but spared personal payment order

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".