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Unfair dismissal and industrial action

Posted by Fair Work Legal Advice

· Monday, December 14th, 2020

The following is an extract from a recent Fair Work Commission unfair dismissal case which deals with the cautionary factors…

Pattern bargaining in Australia

Posted by Fair Work Legal Advice

· Monday, February 5th, 2018

As a matter of general comprehension amongst industrial relations’ practitioners, pattern bargaining is a process in labour relations, where a trade…

Wearing funny clothes; industrial action

Posted by Fair Work Legal Advice

· Monday, November 13th, 2017

The Fair Work Act defines industrial action as follows FAIR WORK ACT 2009 – SECT 19 Meaning of industrial action…

The good old duck test again

Posted by Fair Work Legal Advice

· Friday, March 3rd, 2017

In a number of areas, the applicant’s case that one (or, in some cases, two) of the individual respondents organized…

Even an nudge and a wink can be industrial action

Posted by Fair Work Legal Advice

· Tuesday, February 23rd, 2016

Under sec 418 of the Fair Work Act, the Fair Work Commission is required to order the cessation of industrial…

How very droll; but by ship?

Posted by Fair Work Legal Advice

· Tuesday, August 25th, 2015

“Industrial disputes are not discrete events. Industrial disputes are a product of history, the pursuit of what parties see as…

Ambushed by statutory definition; adverse action for workplace right

Posted by Fair Work Legal Advice

· Monday, July 27th, 2015

It is not at first apparent why a union which takes unprotected industrial action against an employer during bargaining for…

By the book; sympathetic industrial action is not protected for that reason alone

Posted by Fair Work Legal Advice

· Thursday, July 9th, 2015

The existence of what may be considered to be a legitimate concern which prompts the taking of industrial action does…

What can be protected industrial action?

Posted by Fair Work Legal Advice

· Wednesday, October 22nd, 2014

A Federal Court judge has ruled that the provision of confidential information to the media by a union and its…

What is industrial action?

Posted by Fair Work Legal Advice

· Monday, August 25th, 2014

What constitutes industrial action and can thus be protected under the protected industrial action provisions of the Fair Work Act?…

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