Federal Court Finds Picketing Might Be Protected Action And Certified Agreements Might Have Contractual Effect

In a recent decision, Justice Finkelstein of the Federal Court reopened the debate surrounding the legal status of 'picketing' and whether certified (or unregistered) agreements can operate and have effect as contracts at common law.

Facts

In support of their position in an ongoing industrial dispute, the CEPU notified Australia Post of their intention to impose a 'peaceful picket line'. An employee of Australia Post, Mr Shead, took part in the picket line and is alleged to have engaged in various forms of unruly behaviour in breach of Australia Post's Code of Ethics.

Australia Post investigated Mr Shead's conduct on the picket line. The outcome of the investigation was that dismissal was recommended.