the Applicant v Australian Postal Corporation
Citation: [2018] FCA 2007
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Australia Post as National Compensation Manager working on 'Project Dove', a project designed to change how Australia Post handled employees receiving workers' compensation. A union official made a telephone call to Australia Post CEO on 5 February 2016 threatening to leak confidential documents about Project Dove to media and politicians, arrange protest rallies, pursue industrial action, and take legal action unless the Applicant was removed from his position and the project was cancelled.
What was decided
The court addressed preliminary procedural questions about whether the union and a union official, having tendered documentary exhibits, could still make a 'no case to answer' submission. The court held they retained the capacity to do so and that the trial judge had discretion to entertain such a submission. The substantive case proceeded to hearing on the Applicant's allegations of contraventions of ss 348 and 355 of the Fair Work Act (coercion of the employer regarding employment of a particular person).
What it means for employers
Union officials cannot use threats or coercive tactics to force employers to take adverse action against specific employees. Threatening industrial action, legal action, or media campaigns to force removal of an employee may contravene coercion provisions.
What it means for employees
Employees are protected from union coercion aimed at affecting their employment. A union cannot threaten or coerce an employer into taking action that disadvantages an employee based on the employee's involvement in particular work.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections