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.
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.
The ABCC has enjoyed another mixed result in its campaign to bring the CFMMEU to heel, a Federal Court judge agreeing to impose personal payment orders against three officials involved in picketing a building site but rejecting argument that the union's past record should necessarily attract maximum penalties.
A Federal Court judge has for the second time rejected FWO arguments that the CFMMEU's maritime division should not benefit from the Fair Work Act's single course of conduct mechanism in determining penalties for an unlawful strike.
A Federal Court judge has again pointed his finger at Victorian CFMMEU secretary John Setka's leadership in issuing a personal payment order against one of his long-serving officials for blockading a worksite to pressure a builder into negotiating an agreement with the union.
A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.
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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.
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.
In a significant ruling that might reduce penalties regulators can win for Fair Work Act breaches, the Federal Court has found that the legislation's double jeopardy provision prevents the imposition of separate fines for related contraventions arising from the same conduct.