Australian Manufacturing Workers' Union v Paper Australia Pty Ltd T/A Australian Paper

The Australian Manufacturing Workers' Union (AMWU) sought to appeal the decision of Commissioner McKinnon from February 2018. The decision pertained to an application for an injunction against industrial action taken by the AMWU. The matter was heard by the Full Bench of the Federal Court of Australia, who considered the appeal against the decision of the Commissioner of the Fair Work Commission. The dispute arose from industrial action taken by the AMWU against Paper Australia Pty Ltd, trading as Australian Paper, involving allegations of unlawful activity during a protected industrial action.

The primary legal issue before the court was whether the industrial action taken by the AMWU was unlawful and whether the decision of the Commissioner should be overturned. The court had to determine whether the protected industrial action had ceased, and if the application for an injunction should be remitted to the Fair Work Commission for reconsideration. The court also had to consider whether the appeal should be upheld, and if the originating application should be dismissed due to the cessation of the protected industrial action.

In delivering the judgment, the Full Bench held that the protected industrial action had indeed ceased, and therefore, the originating application was not to be remitted to the Fair Work Commission. The court found that the appeal against the decision of the Commissioner was successful, and the decision was overturned. The Full Bench concluded that the AMWU's industrial action was unlawful and the appeal was upheld. As a result, the originating application was dismissed as the protected industrial action had ceased.

The Full Bench of the Federal Court granted the AMWU permission to appeal the decision of the Commissioner. The appeal was upheld, and the decision of the Commissioner was overturned. The originating application was dismissed as the protected industrial action had ceased. This decision serves as a reminder of the importance of adhering to the legal requirements surrounding industrial action in Australia.