The big stick handed to the ABCC in the form of personal payment orders against contravening union officials has been whittled further with two Federal Court decisions reinforcing that past records and a clear appreciation of consequences must first be taken into account.
Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.
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.
A Federal Court judge has evoked the memory of the BLF's deregistration in the course of handing out maximum fines to the CFMMEU for "deplorable" breaches by a past State branch president, suggesting that any organisation that fails to rein in aberrant behaviour "cannot expect to remain registered in its existing form".
In a significant blow to ABCC attempts to rein in the behaviour of union officials by holding them personally liable for breach fines, the Federal Court has today ruled that an offender's past record must be taken into account before imposing such conditions.
The Victorian government has proposed that its new scheme to regulate labour hire workers will not extend to secondments and work experience-type placements.
The CFMMEU has begun Federal Court action that seeks to hold John Holland and CPB Contracting vicariously liable for subcontractors' alleged underpayment of wages and entitlements on Canberra's light rail project, with the union seeking to recover $700,000 and impose penalties.
The FWO has launched a challenge to last month's Federal Court order for the MUA to pay a $38,000 fine for a single contravention of the prohibition on unlawful strikes, when the watchdog was seeking $3.6 million for what it says was more than 500 breaches during industrial action against stevedore Hutchison Ports.
Two landmark class actions allege that a BHP Billiton subsidiary induced two labour hire companies to unlawfully engage hundreds of coal mineworkers as casuals and pay them less than the industry award.
