Posts

Unequal opposite reaction

The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted to industrial action last year when Qantas grounded the fleet. The pilots’ union, AIPA, told the court that […]

AIPA v FWA

Unequal opposite reaction Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65 (10 May 2012) The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted […]

You can’t stop what isn’t happening

In the first instance, Fair Work Australia 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 […]

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 […]

The wearing of campaign clothing is permissible protected industrial action

The union (Australian Nurses Union, Victorian Branch) applied to FWA for a protected action ballot. The employer (Mornington Peninsula Shire Council) did not oppose the application although they contended that one of the questions on the proposed ballot was not “industrial action” and therefore could not properly be included in the list of ballot questions. […]

ANF (Vic) v Mornington Peninsula Shire Council

http://www.fwa.gov.au/decisionssigned/html/2011fwafb4809.htm The wearing of campaign clothing is permissible protected industrial action The union (Australian Nurses Union, Victorian Branch) applied to FWA for a protected action ballot. The employer (Mornington Peninsula Shire Council) did not oppose the application although they contended that one of the questions on the proposed ballot was not “industrial action” and therefore […]

No need for a union to bargain in good faith before they initiate strike action

A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action ballot orders will generally be made if the applicant is genuinely trying to reach agreement with […]

JJ Richards v TWU

 http://www.fwa.gov.au/decisionssigned/html/2011fwafb3377.htm No need for a union to bargain in good faith before they initiate strike action A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action […]