Exclusive by Workforce editor David Marin-Guzman. First published May 22, 2015. The two whistleblowers at the centre of allegations the Construction Forestry Mining Energy Union (CFMEU) NSW branch has had links with organised crime have filed adverse action claims against the union claiming it sacked them because of their “political opinions”. The union is understood ...more
In The Board of Bendigo Regional Institute of Technical and Further Education v Barclay & Anor, the prime allegations in the dispute involved potential breaches of the ‘industrial activities’ protections in ss 346 and 347 of the Fair Work Act 2009 (Cth).
If it was found that The Bendigo Regional Institute of TAFE acted against Mr Barclay ‘because’ he was ‘an officer of an industrial association’ or that he ‘engaged in lawful industrial activity’ then this would be prohibited under the Act as it would be ‘adverse action’.