23 August 2013


In United Firefighters Union of Australia v Easy [2013] FCA 763 the Federal Court of Australia has held that wearing a union shirt in the workplace did not constitute industrial action within the meaning of Fair Work Act 2009 (Cth) s 19(1), if the act did not result in a restriction or limitation on the performance of the employee's work. As a result, the FCA also dismissed the allegations of the applicant that the company and its employees' conduct towards her constituted a prohibited adverse action.