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


Strike suspension unlikely to secure peace: FWC

The FWC decided this week to terminate rather than suspend industrial action at the Australian Rail Track Authority, because the parties' "entrenched" positions made it "unlikely any significant progress would be made" if it ordered a pause, according to newly-released reasons.

No basis for reducing strike notice period: FWC

The FWC has found no justification for interfering with a union's "statutory right" to three working days notice of industrial action against an "essential service" energy provider, after taking into account a five-point "safety commitment" the ETU put forward in response to the employer's concerns about supply continuity.

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.