Kagan Logistics Pty Ltd v NUW, NSW Branch

FWA Full Bench finds a union has no right to protected industrial action once an agreement is “indisputably made” by employees but not yet approved by FWA


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 CEPU did not contest they were attempting to organise industrial action.

The CEPU 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”.