In an important ruling on the definition of industrial action, the Federal Court has held that the provision of sensitive information to the media by employees is not "protected" under the Fair Work Act and might leave them vulnerable to breach of contract and coercion claims.
In another instance of the FWBC's tougher stance under Nigel Hadgkiss, the inspectorate has begun Federal Court action against 23 workers accused of taking unprotected industrial action at the $1.8 billion Royal Adelaide Hospital project.
The Federal Court has refused to delay the Fair Work Building Industry Inspectorate's unlawful coercion case against the CFMEU over the 2012 Grocon blockade, finding that the company's contempt charges against the union in the Victorian Supreme Court are not criminal proceedings.
The Productivity Commission in a new report has repeated its call for governments to adopt Victorian-style procurement guidelines to regulate substandard IR conduct in the construction industry, but has warned they might need to be modified to avoid a clash with the Fair Work Act.
The Federal Court has endorsed an agreement for the MUA and two of its Sydney Branch officials to pay $41,000 in penalties to stevedores DP World for unlawful industrial action the union took in response to the company's plans to dismiss an employee who had been on long term leave.
The FWBC has included CFMEU construction and general division national secretary Dave Noonan in its fourth prosecution over the $1.2 billion Perth Children's Hospital project.
The construction watchdog says it pursuing action against 25 building workers who owe penalties of $135,625 dating from unlawful industrial action on the North-West shelf gas project in 2008.
The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.
The FWC has ordered the TWU to postpone member-endorsed industrial action against Linfox Armaguard because the vagueness of the notices to the company would have required it to respond with "extreme measures" such as organising flying squads to replace workers.
FWBC advisory board chair John Lloyd says he is "surprised" the ACCC does not have enough evidence to launch a prosecution against the CFMEU for taking secondary boycott action against concrete supplier Boral.
