Gift cards OK for non-strikers

Employment Law: 23 March 2019

In CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CORINTHIAN INDUSTRIES (AUSTRALIA) PTY LTD ACN 000 067 185 and BALTIC DOORS PTY LTD ACN 007 390 132, (18 March 2014) following an action by the union, the Federal Court found that Corinthian had not taken adverse action against striking employees in breach of section 340 in distributing gift cards to employees who had not participated in a three-week long strike.

The Court found that the distribution did not constitute an injury within the meaning of section 342(1) item 1 (b) or discrimination between employees for the purposes of section 342 (1) item 1(d).