Case law page 1 of 21

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


Full court dismisses Aldi's attempt to nobble union campaign

Aldi has again failed to rein-in the TWU over its long-running "safe rates" campaign, with a full Federal Court confirming that the union is not constrained by consumer law prohibitions on misleading or deceptive conduct.


Organiser's permit suspended despite playing "inexperience" card

A union official has had his entry permit suspended for three months despite the FWC accepting that his inexperience, having "come off the tools" only months earlier, played a part in his organising of an unlawful stopwork four years ago.

Wharfies should have heeded health chief's COVID advice: FWC

The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.


CFMMEU officials, members fined for unlawful redundancy pay strike

The Federal Court has penalised the CFMMEU and three construction division WA branch officials $180,000 for organising a half-day strike in 2018 over redundancy pay for Perth Airport rail link workers, 39 of whom also copped $4000 fines.

Wash-out for ABCC's unlawful strike case

The Federal Court has doused the construction watchdog's pursuit of one of the CFMMEU's national leaders for allegedly organising an illegal strike, finding construction workers were entitled to pass more than two showery days in a "smoko shed" under the award's inclement weather provisions.

Full court places limits on "industrial activity" in female toilet case

In a significant judgment closely examining the limits of "industrial activity", a full Federal Court led by Chief Justice James Allsop has overturned penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker.


Wrong to deduct pay after safety stoppage: FWC

The FWC has held that DP World was not entitled to deduct pay from Port Botany workers who refused to work on a ship due to safety concerns, while finding it should provide half pay to those stood down after it received prohibition notices.