The Case

FWO v Maritime Union of Australia (No 2) (2015)

The assistant secretary of the WA branch of the Maritime Union of Australia distributed posters naming and shaming five employees who had resigned from the union and who had refused to strike. The employees suffered emotional distress and marginalisation as a result of the conduct.

The Verdict

The Fair Work Commission (FWC) held that the assistant secretary had breached the general protections provisions of the Fair Work Act 2009 (Cth) by taking adverse action against the employees for exercising their workplace rights not to be union members and not to be involved in union activities, such as strike action.

The FWC ordered the assistant secretary to pay a penalty of $15,000 in relation to the five breaches.

The Lesson

Individuals as well as employers can be held liable for breaching the general protections provisions, and hefty penalties may be imposed.

Additionally, you could be found liable for your employees’ actions. As such, it is important to provide appropriate training to employees to reduce the risk of breaching the general protections provisions.

Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.