Case law page 10 of 33

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


Protected strikes "a simple concept": Bench

In a significant ruling reinforcing the need for strict adherence to strike laws, the CFMMEU has failed to overturn a finding that an employer rightly deducted 12 hours' pay from mineworkers who took a total of about 30 minutes across three days to secure their machinery in preparation for protected action.


Patrick looks to guillotine wharf strikes

Patrick Terminals has on the basis of a claimed threat to the national economy applied to terminate industrial action by MUA members at its four container terminals, increasing pressure on the union to reach a new enterprise agreement.

Union seeks to reverse BHP vax mandate

The CFMMEU's mining and energy division has asked the FWC to halt the rollout of BHP's mandatory COVID-19 vaccination policy at the Mt Arthur open cut coal mine in the Hunter Valley, claiming it is not a lawful and reasonable direction.



StarTrack fails to halt TWU industrial action

The Fair Work Commission has rejected StarTrack's bid to stop a 24-hour strike by TWU members, finding "little evidence" that the protected action would affect delivery of critical medical supplies such as COVID-19 vaccines.

FWC flays AEC over PABO application

The FWC has granted a contested AEC application to extend voting in a protection action ballot after pandemic-related postal delays held up workers' replies, but it has warned the agency to make more effort to comply with the tribunal's processes.

Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.

PABO questions trimmed over union objections

A FWC member has sailed past a union lawyer's caution not to interfere in the wording of a proposed strike ballot, finding that an "ambiguous" question should be deleted to avoid perplexing employees voting on it.