The legislative tension between state and federal union rules has been highlighted after a tribunal dismissed an expelled official's bid for reinstatement on the basis that it lacked the jurisdiction to give orders or directions to a national body.
Employers opposing the merger of the CFMEU, MUA and TCFU have warned the FWC that the unions would use their combined might to cripple the resource and construction industries, but they argue that in any case more than 45 pending penalty proceedings should legally disqualify them from amalgamating.
An FWC full bench has refused the CEPU leave to appeal a ROC decision on financial reporting deadlines, holding that the "real purpose" of the union's case was to avoid potential penalties for failing to meet its statutory obligations.
The Federal Court has overturned a CEPU decision to strip a long-term delegate of her union roles, after finding that two officials who heard charges against her were "invincibly biased".
In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".
The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.
Time is running out for the Turnbull Government to pass its Bill to impose a public interest test on union mergers before the FWC considers green-lighting the CFMEU, MUA and TCFU amalgamation, with the tribunal planning to conduct a hearing in early February.
A CEPU official has alleged that fellow officials participated in hearing complaints against her after earlier making bullying and threatening telephone calls, the Federal Court has been told.
The Federal Court has today made a consent order under which the AFP will not pass on documents seized in Tuesday's raids on the AWU, and the Registered Organisations Commission will not accept them, until the union's bid to stop the investigation of the matter has been heard.
