Commonwealth Numbered Acts Commonwealth Numbered Acts
(a) the performance of building work in a manner different from that in which
it is customarily performed, or the adoption of a practice in relation to
building work, the result of which is a restriction or limitation on, or a
delay in, the performance of the work, where:
(i) the terms and conditions of the work are prescribed, wholly or partly,
by an industrial instrument or an order of an industrial body; or
(ii) the work is performed, or the practice is adopted, in connection with
an industrial dispute (within the meaning of subsection (4)); or
(b) a ban, limitation or restriction on the performance of building work,
or on acceptance of or offering for building work, in accordance with
the terms and conditions prescribed by an industrial instrument or by
an order of an industrial body; or
(c) a ban, limitation or restriction on the performance of building work,
or on acceptance of or offering for building work, that is adopted in
connection with an industrial dispute (within the meaning of
subsection (4)); or
(d) a failure or refusal by persons to attend for building work or a
failure or refusal to perform any work at all by persons who attend
for building work;
but does not include:
(e) action by employees
that is authorised or agreed to, in advance and in writing, by the
employer of the employees; or
(f) action by an employer that is authorised or agreed to, in advance and
in writing, by or on behalf of employees of the employer; or
(g) action by an employee if:
(i) the action was based on a reasonable concern by the employee about an
imminent risk to his or her health or safety; and
(ii) the employee did not unreasonably fail to comply with a direction of
his or her employer to perform other available work, whether at the
same or another workplace, that was safe for the employee to perform.
(a) the action is taken by an organisation;
(b) the action is taken by a constitutional corporation, or adversely
affects a constitutional corporation in its capacity as a
building industry participant;
(c) the action is taken in connection with an industrial dispute;
(d) the action relates to work that is regulated by an award or certified
agreement;
(e) the action relates to the negotiation or proposed negotiation of an
agreement under Division 2 of Part VIB of the
Workplace Relations Act ;
(f) the action occurs in a Territory or Commonwealth place.
(a) building industrial action that is protected action for the purposes of
the Workplace Relations Act (as affected by Part 3 of this Chapter); or
(b) building industrial action that is AWA industrial action for the
purposes of Division 8 of Part VID of the
Workplace Relations Act.
(a) supporting or advancing claims against an employer in respect of the
employment of employees of that employer;
(b) supporting or advancing claims by an employer in respect of the
employment of employees of that employer;
(c) advancing industrial objectives of an industrial association;
(d) disrupting the performance of work.
The employer referred to in paragraphs (a) and (b) need not be the employer whose employees do the work to which the action relates.
(a) conduct is capable of constituting building industrial action even if the
conduct relates to part only of the duties that persons are required to
perform in the course of their employment; and
(b) a reference to building industrial action includes a reference to a
course of conduct consisting of a series of
building industrial actions.
(a) an industrial dispute (including a threatened, impending or probable
industrial dispute) that is about matters pertaining to the relationship
between employers and employees; or
(b) a situation that is likely to give rise to an industrial dispute of
the kind referred to in paragraph (a); or
(c) a dispute arising between 2 or more industrial associations, or within
an industrial association, as to the rights, status or functions of
members of the associations or association in relation to the
employment of those members; or
(d) a dispute arising between employers and employees, or between members
of different industrial associations, as to the demarcation of
functions of employees or classes of employees; or
(e) a dispute about the representation under an industrial law of the
industrial interests of employees by an industrial association of
employees.