No protected action where agreement approved by employees

In this case the CEPU appealed a decision that precluded them from organising or assisting an employee of a company from engaging in industrial action after an agreement was made but before it was approved by FWA. The union did not contest they were attempting to organise industrial action.

The union argued the industrial action was being organised before the approval of the agreement by FWA and was, therefore, protected action. The Full Bench granted permission to appeal but dismissed the appeal on the basis protected industrial action is not available once a proposed agreement has been “indisputably made”.

Kagan Logistics Case