A full Federal Court majority has today rejected a judge's reasoning for ordering the MUA to pay a fine of just $38,000 for a week-long unlawful strike at Hutchison Ports' Sydney and Brisbane container terminals, but has rebuffed the FWO's contention that the stevedore should have been awarded $600,000 in damages it didn't seek.
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%.
The CFMMEU's maritime division and the NRMA-owned operator of Sydney's Manly Fast Ferry service are expected to face off in the FWC this afternoon over planned stoppages that could start tomorrow, after talks this morning failed to resolve a bargaining impasse.
Faced with a "byzantine" and bewilderingly complex bid to recoup millions of dollars in damages, the Federal Court has found the CFMMEU organised unlawful bans at the Port Botany container terminal in 2017 but suggested further mediation on relief to take a load off public resources.
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An FWC full bench has upheld a decision requiring the CFMMEU to give DP World extra notice of industrial action at container terminals in Brisbane, Fremantle, Sydney and Melbourne, despite the union's protestations that it placed too much emphasis on the effect upon third parties.