Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.
The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.
In a decision tackling an overlooked need to issue protected action ballot orders reflecting a shift to multi-employer bargaining at Sydney Trains and NSW Trains, the FWC has chastised the employers for seeking an additional technical step serving "no purpose" other than to bring about a delay.
Rail unions are urgently seeking renewed authorisation for festive season protected action at Sydney Trains and NSW Trains, after the Federal Court last night acceded to the employers' bid to temporarily declare unlawful bans to take effect this morning.
After a 17-day strike and continued picketing on Saturday despite FWC orders, workers at four Woolworths warehouses have voted up a revised offer, with pay rises of 10.5% to 12% over three years, and safeguards to ensure the company does not use a work-speed measurement tool to automatically discipline workers.
The FWC has ordered the UWU to stop "unlawful picketing" that is blocking access to four distribution centres that supply Woolworths, finding it has undermined the union's good faith bargaining obligations.
In a breakthrough for NSW fisheries officers seeking to carry capsicum spray while patrolling for poachers, the State IRC has refused to terminate work bans after the Department of Primary Industries failed to convince it they seriously risk depleting fish stocks.
The head contractor on Queensland's largest infrastructure project has failed to win FWC orders to compel hundreds of subcontractors to cross CFMEU picket lines, with the tribunal finding their no-shows did not amount to unprotected action.
FWC President Adam Hatcher has refused to stay an order compelling the UFU to hand over a trust deed for an income protection scheme that Fire Rescue Victoria claims might expose it to a $7 million annual fringe benefits tax liability.
The FWC has taken the unusual step of allowing an employer's HR manager on behalf of workers to sign off on an agreement not backed by the CFMEU's construction division, after accepting evidence that employees were "reluctant" to put their names to the deal.
