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


No delay for damages case "shadowed" by union merger appeal

The Victorian Supreme Court has rejected an application by the CFMMEU to delay civil damages proceedings brought by the operator of Port of Melbourne's new "robo" terminal until its merger with the MUA and TCFU is bedded down.

Notification glitch stymies industrial action

The FWC has ordered the ANMF and United Voice to call off planned industrial action at a patient transport provider, finding their failure to provide greater clarity when notifying the action than they did when applying for the ballot left the employer unable to respond or prepare.

Esso seeks to halt Bass Strait workplace determination

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.

CFMEU official fined, but spared personal payment order

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".

Ombudsman apologises for employer's inspector "mate"

The Fair Work Ombudsman disciplined one of its senior inspectors over his unauthorised participation to help an employer in a conciliation conference convened by the FWC, a new tribunal decision reveals.

FWC halts lockout, orders new ballot

The Fair Work Commission has ordered an end to Glencore's lockout and a CFMEU picket at the Oaky North coal mine in Queensland, to provide a cooling-off period before a second vote on a proposed agreement on March 27.


ABCC escapes costs for bungled targeting of CFMEU leader

The Federal Court has accepted that the ABCC made a "genuine mistake" when it pursued CFMEU national secretary Michael O'Connor for his alleged involvement in a blockade at Sydney's Barangaroo project.

Employer has right to modify shift penalty arrangements: Bench

An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.

High Court raises bar for industrial action: ACTU

The ACTU says a High Court decision that makes it harder for unions to take protected industrial action has made Australia's workplace laws "much more oppressive" at a time when strikes are already at record lows.