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Australian Building and Construction Commissioner v Australian Manufacturing Workers' Union (The Australian Paper Case) [2017] FCA 167

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CONSTITUTIONAL LAW - Inconsistency between State and federal statutes - Federal statute proscribing the taking of industrial action - State statute empowering health and safety representative of workers to direct that work cease - Whether federal statute left room for the valid operation of State health and safety laws. INDUSTRIAL LAW - Industrial action - Statutory definition - Exclusion of action by employees based on reasonable concern about imminent risk to own health or safety - Whether such concern present in fact. INDUSTRIAL LAW - Industrial action - Whether organised by union representatives - Action in contravention of statutory prohibition - Whether representatives aided, abetted, counselled, procured or induced or were knowingly concerned in contraventions. INDUSTRIAL LAW - Fair Work Commission - Interim orders to stop industrial action - Duration of operation of orders - Extent of Commission's power in face of direct statutory provision. INDUSTRIAL LAW - Adverse action - Industrial activity - Failure to comply with request of industrial association - Whether extends to situation in which employer refuses to comply with request of trade union - Failure to pay for lost time - Whether adverse action taken because of engagement in industrial action - Scope of statutory provision reversing onus of proof in adverse action case. INDUSTRIAL LAW - Industrial action - Coercion - Whether intention to negate choice.

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