Do fly-in/fly-out workers taking industrial action have to forfeit their beds as well as their wages?

Abstract

This is a case note on the High Court decision of Construction, Forestry, Mining & Energy Union v Mammoet Australia Pty Ltd. The High Court found that the provision of accommodation by an employer did not fall within the prohibition on payment under the relevant provisions of the FW Act. As such it was arguable that the employer concerned had breached their enterprise agreement obligations, or had engaged in adverse action, by withdrawing accommodation from four employees engaged in protected industrial action on a FIFO site. The decision of the High Court is significant in terms of protecting the right of employees employed on FIFO sites to take protected industrial action under the FW Act.