Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The 250 East Terrace Case) [2023] FCAFC 161 (09 October 2023) (Charlesworth, Snaden and Raper JJ)


INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia – unlawful picketing – pecuniary penalties – principles to be applied – whether primary judge erred in assessing wrongdoing by reference to availability of lawful alternative remedy – whether penalties manifestly excessive – whether conduct was objectively serious – whether conduct was premeditated or caused loss – appeal dismissed