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


FWC refuses strike pause while Virgin pursues IBD

The FWC has refused to suspend engineers' industrial action at a Virgin Australia subsidiary while their employer pursues an intractable bargaining declaration, in an early test of the new Secure Jobs provision.

$65K for worker sacked for telling contractor "take a sickie"

Resources giant Santos has been ordered to pay $65,000 to a worker sacked for telling a contractor to "take a sickie" during a strike, the FWC finding the dismissal harsh after weighing his long and unblemished career.

Higher bar for unapproved ballot agents in future: FWC

The FWC's national practice leader for bargaining has started the clock on compulsory conciliation while a strike vote is conducted, having also used one of the first applications under new workplace laws to suggest that while the "recency" of the provisions made a case for endorsing an unapproved ballot agent, the bar will be higher in future.

FWO cleared to continue ABCC's waterfront case

A judge has overcome his irritation at being asked to rule on an "arid debate" to find the now-defunct ABCC did not exceed its powers when it initiated its first case against the CFMMEU's maritime division over alleged death threats against workers attempting to cross a picket line.


Striking wharfies "penalised twice" under Qube approach: Bench

Stevedoring giant Qube has failed to overturn a ruling that it should have slashed the minimum number of hours salaried dockworkers needed to work in a year after withholding their pay over 11 weeks of protected industrial action.


$126K of personal fines imposed on 8 CFMMEU officials

The Federal Court is continuing to order CFMMEU officials to pay penalties out of their own pockets, rejecting arguments that two first offenders and one organiser no longer employed by the union should have their fines suspended.

Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.

Unsought payment orders "contrary to public interest": Full court

A full Federal Court has more than halved fines imposed on the CFMMEU for picketing a crane company over a sacked delegate, while also binning orders requiring the delegate to personally pay a $3500 penalty despite it not being part of the case against him.