Case law page 24 of 34

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


Sub builder to try again, after FWC torpedoes cooling-off bid

The FWC has found it has no basis to suspend industrial action by CEPU members at the Australian Submarine Corporation, because a campaign of 162 half-hour stopworks is yet to begin, but has warned it would be likely to issue orders to provide for an agreement ballot in a strike-free environment if circumstances change.

Heavy weather for major project after FWC ruling

An FWC full bench has upheld a decision that found workers should be paid for unworked overtime hours under an inclement weather provision that applies to enterprise agreements across the Icthys LNG project near Darwin.

High Court rebuffs bid for special leave to overturn blockade fine ruling

The High Court has this morning refused a CFMEU bid for special leave to challenge a full Federal Court majority ruling that increased penalties twelve-fold after after accepting that it could not treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when determining fines.

Peaceful assembly laws don't proscribe IR protests: Court

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.

Employer urged to engage on "double standard" redundancy package

The FWC has implored a barrister to urge his client to "at least consider" engaging with employees, after conceding it has no jurisdiction to deal with a dispute over a "double standard" on redundancy packages between blue and white-collar workers.

High Court reserves decision on bargaining breaches

The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.

Triple treat for ABCC as court increases fines

A full Federal Court has fined the CFMEU $300,000 and the CEPU $130,000 over a 2011 industrial campaign; penalties that are almost three times higher than originally sought by the construction watchdog.

TWU banned from industrial action with alleged "ulterior motive"

The FWC has temporarily restrained a union from taking industrial action after accepting it was not genuinely seeking an agreement when a delegate made the "somewhat unusual" suggestion that the company shift its workers to a labour supply or contracting arrangement managed by him.

FWC can't resolve dispute over "discretionary" prize

A casual pizza delivery worker who lost a "driver of the year" competition has failed in her bid to overturn the result and pocket $15,000 prize money after the FWC found it would be a "bizarre and entirely inappropriate outcome" and that in any case it had no power to hear the case.

CFMEU NSW leader intended to coerce Lend Lease, workers: Court

The Federal Court has found CFMEU construction and general division NSW branch secretary Brian Parker intended to coerce construction giant Lend Lease to reinstate a delegate when he organised for 700 workers to walk off the major Barangaroo South job three years ago.