Legislation page 1 of 4

31 articles are classified in All Articles > Industrial action/disputes > Legislation


"Two Longs" case headed to High Court; Hanna appeal; & more

"Two Longs" case headed to High Court; Hanna to appeal document destruction finding; United Voice's "massive" penalty rates campaign; Australia Post compensation claims deliberately slowed: Investigation.

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.

Double punishment rule thwarts regulators' hopes

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.

CFMEU official fined, but spared personal payment order

A court has elected not to impose a personal payment order against a CFMEU official fined $7500 for organising action that severely disrupted a major construction project, despite finding his actions "nothing short of unconscionable".



Peaceful assembly laws don't proscribe IR protests: Court

In the first test of whether Queensland's laws regulating peaceful assemblies can be used to block pickets and protests during industrial disputes, the state's Supreme Court has rejected mining company Glencore's argument that such activities can't be authorised.

Code bites as more builders face Commonwealth project bans

The ABCC has revealed that another three builders face temporary bans on being allowed to bid for Commonwealth-funded construction projects as the Turnbull Government takes a tougher stance on breaches of the new national construction code.

FWC permits ABCC to rely on evidence of CFMEU pattern of conduct

The FWC will allow the ABCC to include material the CFMEU claims is prejudicial in its application to axe the entry permits of three officials who allegedly abused their rights when they visited Lend Lease sites in 2014.