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


Action stopped to avoid economy-damaging refinery shutdown: FWC

The FWC earlier this month halted industrial action at BP's Kwinana oil refinery after it accepted that a shutdown of up to a fortnight would be the "unavoidable and inevitable consequence" of protected bans and limitations by AWU members.

Court imposes big fine for MUA's contempt

Victoria's Supreme Court has lobbed a $120,000 contempt fine against the CFMMEU for pre-amalgamation MUA leaders' speeches to picketers at a Melbourne container terminal, finding the union made a calculated decision that its interests would be well served by flouting "no go" orders.

Court again makes the "sting" personal for CFMMEU's Myles

CFMMEU official Joe Myles has been hit with his second personal payment order in four months, the Federal Court today fining him $44,000 for a series of threats and actions over an unfavoured subcontractor working on a level crossing site in 2013 and 2014.

Esso, AWU slog on towards new deal as termination threat hovers

Esso Australia and the AWU have resumed protracted negotiations over a new enterprise agreement covering offshore oil and gas workers in Bass Strait ahead of a February 4 hearing of the company's s225 application to terminate the existing deal.


Union admissions clear path for delegates' unfair dismissal claims

Two AMWU delegates sacked by Visy for allegedly organising unprotected industrial action over a new drug and alcohol policy will have their delayed unfair dismissal cases heard after admissions by the union and one of its officials helped end entwined Federal Court proceedings today.

Legislation says industrial action "did not happen": Bench

In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.

Judge questions laws on docking pay for unlawful industrial acts

A Federal Court judge has questioned the "wisdom or fairness" of laws requiring employers to subtract four hours' pay for as little as 10 minutes unprotected action, after finding the AWU breached the Fair Work Act when an official asked a BlueScope manager not to dock returning strikers for starting a shift late.

FWC calls out union for "rallying" members to take unlawful action

The FWC has found the RTBU organised unprotected industrial action at Queensland Rail in the lead-up to the state's River Fire Festival weekend and couched a directive discouraging members from participating "in terms that rallied" them.

Planned court security action "perilous"

The FWC has ordered Broadspectrum's WA court security and transport officers to suspend protected action, finding that banning overtime and ditching uniforms posed a risk to the public, court and hospital staff and the prisoners themselves.