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Union "recidivism" of limited relevance in "slur" case

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.

Hearing date set for BHP vax mandate challenge

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.

Organiser retains permit but on last chance

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.

Qantas facing OHS discrimination charge

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 ensnared in "appallingly difficult" vax question: Stewart

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.

Court rebuffs ABCC take on CFMMEU "corrective measures"

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.

Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.

FWC forced to devise workaround to replace lost permit

For the second time in a year, the FWC has assessed the suitability of a CPSU organiser to hold an entry permit after finding it lacked the power to simply replace her stolen one.

New entry permit denied for CFMMEU organiser

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.

ABCC's picketing claim crossed the line: Judge

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".