In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.
A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.
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.
A court has elected not to impose a personal payment order against a CFMEU official fined $7500 for organising action that severely disrupted a major construction project, despite finding his actions "nothing short of unconscionable".
A union delegate has been reinstated after the FWC determined that the absence of managerial opposition to a brief on-site "undies" protest meant it failed the legislative definition of unlawful industrial action.
In the first test of whether Queensland's laws regulating peaceful assemblies can be used to block pickets and protests during industrial disputes, the state's Supreme Court has rejected mining company Glencore's argument that such activities can't be authorised.
The ABCC has revealed that another three builders face temporary bans on being allowed to bid for Commonwealth-funded construction projects as the Turnbull Government takes a tougher stance on breaches of the new national construction code.
The FWC will allow the ABCC to include material the CFMEU claims is prejudicial in its application to axe the entry permits of three officials who allegedly abused their rights when they visited Lend Lease sites in 2014.
The NSW Public Service Association has defied a court order restraining it from organising its members to strike in protest at the State Government's plans to privatise disability support work and will now face substantial penalties in the Supreme Court.