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%.
A Federal Court finding that CFMMEU construction and general division Queensland branch secretary Michael Ravbar engaged in coercion and adverse action may be raised in future proceedings about his fitness to hold an entry permit.
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.
Esso Australia is seeking to prevent the Fair Work Commission from making a workplace determination for its Bass Strait oil and gas operations, arguing its legal basis has been "fatally undermined" by a recent High Court ruling.
The Federal Court will consider whether a series of NTEU social media posts, campaign materials and protests constitute "coercive acts" that are disproportionate to any legitimate interests the union might have had in wanting to stop Murdoch University from terminating its 2014 agreement.
Former Australia Post chief executive Ahmed Fahour says he was acting out of concern for his national compensation manager's welfare rather than acceding to union demands when he sacked him and shut down his cost-saving project the same day he received a call from an "angry" union leader with whom he'd previously had hostile exchanges.
The Federal Court has ordered the CFMEU and a delegate to pay almost $100,000 in penalties for the coercion involved when he prevented a subcontractor's employee from working on a job because he wasn't a union member.
The Federal Court will next week hold a preliminary hearing of allegations by a former Australia Post national workers' compensation manager that ex-chief executive Ahmed Fahour caved-in to a union leader's demands to oust him from his role and shelve his efforts to rein-in costs, or face protest rallies and the leaking of sensitive internal documents.