INDUSTRIAL LAW - proceedings brought against employees who stopped work during the currency of an enterprise agreement, a union organiser and the union; respondents alleged to have contravened s 417 of the Fair Work Act 2009 (Cth) (FW Act) by engaging in industrial action while the enterprise agreement was in force - union organiser and union delegate (the union representatives) and, by reason of their conduct, the union, alleged to have organised the industrial action - consideration of the meaning of "organise" - found that the union representatives had not organised the industrial action - found that the employees had engaged in industrial action.
INDUSTRIAL LAW - employee respondents alleged to have contravened s 343 of the FW Act by engaging in industrial action with the intent to coerce their employer not to exercise a workplace right or to exercise it inconsistently with the enterprise agreement - union representatives alleged to have organised the action with the same intention - consideration of the meaning of "intent to coerce" - consideration of the reverse onus provision in s 361 - consideration of each respondent's intention in withholding labour - held that all but one employee respondent had not discharged the s 361 onus and thus are taken to have engaged in the action with a proscribed intention - found that union representatives did not organise the action.
INDUSTRIAL LAW - employee respondents alleged to have contravened s 348 of the FW Act by taking action to coerce their employer to engage in industrial activity by complying with their lawful requests - union representatives alleged to have organised the action - the reasoning that applied to s 343 equally applied to s 348 - the employee respondents did not discharge the s 361 onus - found that they had engaged in action with a proscribed intention - found that union representatives had not organised the industrial action and had not, by reason of s 362, contravened s 348.
INDUSTRIAL LAW - alleged contravention by employee respondents of s 50 - consideration of dispute resolution clause in the enterprise agreement - held that the employees had contravened a term of the enterprise agreement.
INDUSTRIAL LAW - alleged involvement by union representatives in the contraventions by the employee respondents of ss 50, 343, 348 and 417 of the FW Act - consideration of the principles of accessorial liability under s 550 of the FW Act - held that union representatives were involved in contraventions of the provisions by each respondent.
INDUSTRIAL LAW - admitted allegation that union organiser contravened s 500 of the FW Act.
↧