The Federal Court has largely declined to take into account the CFMMEU's "recidivism" in setting a penalty against it for an organiser's unintended racial slur when he complained to a supervisor of southeast Asian background about the "third world" state of a Perth building site.
The FWC will hear the CFMMEU's challenge to BHP's mandatory COVID-19 vaccination policy later this month after deciding the matter is significant enough to invite IR Minister Michaelia Cash, the ACTU and peak employer bodies to intervene.
The FWC has chosen not to withdraw an entry permit from a CFMMEU organiser fined $4500 for belittling and bullying conduct but warned the "well from which he drank" by expressing contrition and offering assurances "will likely have run dry" if he returns.
SafeWork NSW has charged Qantas over alleged discriminatory conduct against an OHS representative it stood down after he apparently advised colleagues not to clean planes arriving from China early last year due to COVID-19 concerns.
Employers are generally on "solid ground" in suspending or dismissing workers who refuse reasonable directions to be vaccinated to perform their jobs, but face a range of practical difficulties if they take such action, according to Adelaide University Professor of Law, Andrew Stewart.
The Federal Court has rejected the ABCC's "cynical" view of CFMMEU-commissioned entry rights training for an inexperienced organiser who pushed over a Fulton Hogan manager when pressing to access parts of a Monash Freeway project site in 2017.
The FWC has refused to renew the entry permit of a CFMMEU construction division organiser it previously directed to undertake "emotional management" training, finding his role in an unlawful 2018 strike showed promises to reform when elected WA branch president did not play out.
A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".