Author: Luke Tiley
Win delivers significant reduction in fines for CFMMEU after successful appeal
In May 2021, the Australian Building and Construction Commission issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties, by way of fines. On appeal it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.
Federal Court win in adverse action claim
In 2021, we successfully represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd. In January 2023, the Federal Court made an Order in favour of our client.
Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime
Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.
Full Court appeals see significant win for workers terminated under s.119 of the Fair Work Act
Full Court appeals see a win for workers and their union. On 1 July 2020, the Full Court of the Federal Court dismissed two appeals, finding that the termination of employment of the affected employees did not fall within the exception of ‘ordinary and customary turnover of labour’.
Maritime Officer wins “reimbursement of revalidation expenses” originally rejected by employer
Another great win for Maritime Officers. This decision is a significant win for the Union and its members and provides clarity for members to access benefits of any additional obligations of the employer that may exist under the Agreement.
ETU members compensated to the tune of over $28,000 in enterprise agreement win
We recently represented the Electrical Trades Union in a dispute related to the interpretation of a clause in the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The clause related to the payment of licence allowances, in addition to the base hourly rate. The Federal Court found in favour of the ETU and its affected members.
Over $198,000 backpay for mine workers plus fines for Rio Tinto
Regular readers of the Hall Payne blog will recall our April 2018 article “Rio Tinto fined again for breach of Hail Creek enterprise agreement”. That story related to breach of…
Supreme Court upholds peaceful assembly in support of enterprise bargaining campaign
In a test of Queensland’s laws around peaceful assemblies, Queensland’s Supreme Court has rejected an attempt by Glencore to stop Union members exercising their democratic and industrial rights. The CFMEU…