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The union won a modest encounter when it secured an undertaking from the company to provide 72 hours written notice of proceedings in tort under s166Aof the Workplace Relations Act 1996(WRA).

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CFMEU continues fight against Supreme Court actions by employers

The union won a modest encounter when it secured an undertaking from the company to provide 72 hours written notice of proceedings in tort under s166Aof the Workplace Relations Act 1996(WRA). This case is one of a number pursued by the union in which it argued that the use of 'other court actions' in the course of legitimate industrial action constitutes coercion under s170NCof the WRA. CFMEU v Mirvac Constructions Pty Ltd, [2000] FCA 34, (24 March 2000).

Coal agreement, not award

An agreement approved by the Coal Industry Tribunal Coal (applicable to a Rio Tinto subsidiary) was found to be an agreement and not an award. The jurisdiction of the Tribunal was handed over to the Australian Industrial Relations Commission on 1 July 1995. The CFMEU had argued that the ratification of the agreement by the Tribunal had made it an award of the Tribunal. This would have left open the argument that if it was a Tribunal award it was also an award of the Commission. Construction, Forestry, Mining & Energy Union v Novacoal Australia Pty Ltd, [2000] FCA 331, (22 March 2000).

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