Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Maritime Union of Australia [2014] FCA 440 Citation: Fair Work Ombudsman v Maritime Union of Australia [2014] FCA 440
Parties: FAIR WORK OMBUDSMAN v MARITIME UNION OF AUSTRALIA and WILLIAM TRACEY
File number(s): WAD 136 of 2012
Judge(s): SIOPIS J
Date of judgment: 6 May 2014
Corrigendum: 2 July 2014
Catchwords: INDUSTRIAL LAW – four employees elected to work during a protected action strike – after the strike posters were distributed at the workplace specifically naming the four employees and one other as scabs – the "scab poster" used language which denigrated the named employees as being unworthy of being treated with the dignity and respect normally accorded to human beings – a union official admitted distributing the scab posters – whether the union official organised the publication and distribution of the scab posters – whether the conduct amounted to adverse action – whether the named employees were prejudiced in their employment – whether the union was directly liable in respect of the scab poster action – whether the scab poster action was conduct engaged in with the intent to coerce one or more of the named employees to engage in further strike action.
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342(1) Item 7(b), 342(b), 343, 346, 348, 360, 361, 361(1), 363, 409, 437, 793, 793(1) Evidence Act 1995 (Cth) s 140(2)
Cases cited: Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (2012) 202 FCR 244 CFMEU v BHP Coal Pty Ltd (No 3) [2012] FCA 1218 BHP Coal Pty Ltd v CFMEU [2013] FCAFC 132 Henry v Thomson [1989] 2 Qd R 412 Giller v Procopets (2008) 24 VR 1 TCN Channel Nine Pty Ltd v Ilvariy Pty Ltd (2008) 71 NSWLR 323 Monis v The Queen (2013) 295 ALR 259 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 Schanka v Employment National (Administration) Pty Ltd (2000) 170 ALR 42 Universe Tankships Inc of Monrovia v International Transport Workers Federation [1983] 1 AC 366 Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 State of Victoria v Construction, Forestry, Mining and Energy Union [2013] FCAFC 160
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