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Work stoppages in response to health and safety issues may still be unlawful industrial action
The Case
Fair Work Ombudsman v CFMMEU (2023)
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was prosecuted for organising an unlawful stoppage at a construction site. The CFMMEU defended the claim on the basis that the stoppage was in response to a direction by a health and safety representative (HSR) to stop work because of bullying conduct by a manager.
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