Australian Manufacturing Workers' Union v CEM International Pty Ltd

The Australian Manufacturing Workers' Union (AMWU) brought proceedings against CEM International Pty Ltd concerning alleged contraventions of section 19(1)(c) of the *Fair Work Act 2009* (Cth). The dispute centred on whether certain employees, represented by the AMWU, had engaged in industrial action that was not authorised or agreed to by their employer, CEM International.

The primary legal issue before Judge McNab was to determine whether the actions undertaken by the employees constituted "industrial action" as defined by the *Fair Work Act 2009* (Cth). A further issue was whether there was sufficient evidence to infer that the employer had impliedly authorised or agreed to the industrial action in question.

Judge McNab found that the applicants had indeed undertaken industrial action within the meaning of the Act. However, the court determined that the evidence presented was insufficient to infer that CEM International had impliedly authorised or agreed to this industrial action. Consequently, the application was dismissed.