BlueScope Steel (AIS) Pty Ltd v The Australian Workers' Union

BlueScope Steel (AIS) Pty Ltd appealed a decision made by Commissioner Riordan of the Fair Work Commission, concerning the interpretation and application of the Fair Work Act 2009. The dispute centred on issues of industrial action, specifically a protected action under section 388 of the Fair Work Act, involving the Australian Workers' Union. The appeal was heard in the Full Bench of the Federal Court of Australia.

The primary legal issues the court had to decide were whether the actions taken by the union constituted protected industrial action, and if the employer had validly exercised its right to apply for an injunction under section 389 of the Fair Work Act. The union argued that their actions were protected by the Act, while the employer contended that the union had acted in bad faith and that the actions taken were not protected.

The court considered the legislative framework provided by the Fair Work Act and relevant case law. It examined whether the union's actions were genuinely for the purpose of a workplace dispute, and whether the employer's application for an injunction was valid. The court concluded that the union's actions were not protected as they were not for the purpose of a workplace dispute, but rather for a political purpose. The court also found that the employer had validly exercised its right to apply for an injunction.

The Full Bench of the Federal Court allowed the appeal and set aside the decision of the Commissioner. The court ordered that the union's industrial action was not protected, and that the employer's application for an injunction was valid. The union was ordered to pay BlueScope Steel's costs of the appeal.