Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd [2021] FCAFC 211 (23 November 2021) (Rangiah, O’Callaghan and Snaden JJ)


Catchwords:


INDUSTRIAL LAW – whether industrial action was taken prior to other, protected industrial action – whether amounts deducted from remuneration were properly withheld on account of earlier industrial action – second appellant took steps to shut down machinery ahead of planned protected industrial action – direction to work “right up to” time of planned action – whether preparatory steps involved performance of work in a non-customary manner – whether preparatory steps were “authorised or agreed to by” respondent – preparatory steps amounted to industrial action – deductions properly made – appeal dismissed