Tas Paper Pty Ltd v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) and Construction, Forestry, Mining and Energy Union

The dispute between Tas Paper Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) and Construction, Forestry, Mining and Energy Union (CFMEU) was brought before the Fair Work Commission. The central issue was whether the protected industrial action, which involved a strike by union members, should be suspended or terminated. Tas Paper Pty Ltd sought the suspension or termination of the action on the grounds that it was causing significant economic harm and was not reasonably appropriate to achieve the union's industrial objectives. The unions argued that the action was necessary to address legitimate workplace issues.

The Commission had to determine if the industrial action was protected under the Fair Work Act and whether the conditions for suspending or terminating such action were met. The legal issues included assessing whether the action was genuinely undertaken for the purpose of enforcing a claim for better wages or conditions and whether the economic harm caused by the action was disproportionate to the potential benefits of achieving the unions' objectives. The Commission considered evidence from both parties, including the nature and extent of the economic harm and the urgency and legitimacy of the unions' claims.

In its decision, the Commission concluded that the industrial action was protected and did not meet the criteria for suspension or termination under the Fair Work Act. The Commission found that the unions' objectives were legitimate, and the action was reasonably appropriate to achieve those objectives. Additionally, the economic harm, while significant, was not disproportionate to the unions' legitimate industrial goals. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees to engage in protected industrial action and the need to protect the broader economic interests.

The Fair Work Commission ordered that the application for suspension or termination of the protected industrial action be dismissed. The decision underscored the importance of ensuring that any restrictions on industrial action are narrowly tailored and justified by clear and compelling evidence.