AMWU v UGL Resources

http://www.fwa.gov.au/decisionssigned/html/2011fwafb4777.htm

A party must have organised, or be organising, industrial action in order for it to be ordered by FWA to stop doing so

In the first instance FWA ordered the AMWU to “not organise any industrial action by employees or delegate employees or any of them and to not aid, abet counsel, procure, induce or authorise its members or any other employees or delegate employees to engage in industrial action …”.

This order was made by FWA as a “protective measure” despite finding there was no evidence the AMWU had organised or was organising industrial action.

On appeal the AMWU, supported by the ACTU, argued that an order (under section 418) could not be made unless FWA found the union had organised or was organising industrial action. The Full Bench of FWA agreed with this argument and quashed the original decision.