Case law page 11 of 33

327 articles are classified in All Articles > Industrial action/disputes > Case law


StarTrack fails to halt TWU industrial action

The Fair Work Commission has rejected StarTrack's bid to stop a 24-hour strike by TWU members, finding "little evidence" that the protected action would affect delivery of critical medical supplies such as COVID-19 vaccines.

FWC flays AEC over PABO application

The FWC has granted a contested AEC application to extend voting in a protection action ballot after pandemic-related postal delays held up workers' replies, but it has warned the agency to make more effort to comply with the tribunal's processes.

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.

PABO questions trimmed over union objections

A FWC member has sailed past a union lawyer's caution not to interfere in the wording of a proposed strike ballot, finding that an "ambiguous" question should be deleted to avoid perplexing employees voting on it.

Chook-welfare argument fails to win extended notice of strikes

The FWC has rejected a chicken processor's argument that it should extend notice of the AMWU's proposed 12-hour maintenance strikes from three to seven days to ensure it doesn't breach RSPCA animal welfare guidelines and legislated standards, but has criticised the union for the "commercial unreality" of its suggestions about the defensive measures the company might undertake.

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".

PABO could be enough to trigger lockout, union warns

McCain Foods acted "pre-emptively" when it locked out workers at a Tasmanian potato processing plant before they embarked on protected action, the Fair Work Commission heard today.

Unions' inflatable rat eludes legal trap

In a decision that has piqued the interest of local unions, a US National Labor Relations Board majority has upheld a ruling that deploying a giant "Scabby the Rat" near neutral employers did not amount to an illegal secondary boycott.

Union, official fined after mistaken rally advice

The Federal Court has reined in fines sought against a union official after accepting he organised a building site stopwork and unlawfully requested strike pay out of "guilt" for telling workers they wouldn't get in trouble for attending a "Change The Rules" rally.