AMIEU v Dardanup Butchering Company

http://www.fwa.gov.au/decisionssigned/html/2011fwafb3847.htm Employers can refuse access to lunchroom but need to be careful in doing so The union sought access to the company’s lunch room for the purpose of discussion with employees under section 484 of the Fair Work Act. The company instead offered the union access to the training room. The union didn’t want to […]

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 […]

Covert filming misuse of Right of Entry

The employer asked Fair Work Australia to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by the commission in relation to suspected contraventions […]

Baiada v NUW

http://www.fwa.gov.au/decisionssigned/html/2011fwa4096.htm Covert filming misuse of Right of Entry The employer asked FWA to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by FWA […]

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 to explain to employees a majority support petition

The union (Broken Hill Town Employees Union) made application to FWA for a majority support determination (section 236) at Medirest. To make a determination FWA need to be satisfied that a majority of employees want to bargain. The employer raised three concerns in opposing the application. Firstly, the employer argued the use of the word […]