Fair Work Ombudsman v Maritime Union of Australia

In the case of Fair Work Ombudsman v Maritime Union of Australia, the dispute centered on the conduct of the Maritime Union of Australia during a protected action strike. The issue was whether the union's actions, which included the distribution of posters naming certain employees as "scabs" and using derogatory language, amounted to adverse action against those employees. The Fair Work Ombudsman sought orders under the Fair Work Act to address the union's conduct and its impact on the named employees.

The primary legal issue before the court was whether the union official had organised the publication and distribution of the posters and if this conduct constituted adverse action under the Fair Work Act. Additionally, the court had to determine if the named employees were prejudiced in their employment and if the union was directly liable for the actions of its official. Another key issue was whether the conduct was engaged in with the intent to coerce the named employees into further strike action.

The court found that the union official had indeed organised the distribution of the posters, which used language that demeaned the named employees. The court ruled that this conduct amounted to adverse action under the Fair Work Act, as it prejudiced the named employees in their employment. The court also held that the union was directly liable for the actions of its official. Furthermore, the court determined that the intent behind the poster action was to coerce the named employees into further strike action, which was not permissible under the Act.

The final orders included a requirement for the parties to produce a minute of orders reflecting the reasons for judgment, and the court mandated that the union take specific steps to address the adverse action and prevent future occurrences. The Fair Work Ombudsman was also awarded costs associated with the proceedings.