Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 40

Action involving extraneous participants
(1)
Building industrial action in relation to a proposed building agreement is not protected action for the purposes of the Workplace Relations Act if:

(a) the action is engaged in in concert with one or more persons who are not protected persons for the action; or
(b) the organisers include one or more persons who are not protected persons for the action.

(2)
In this section:

"protected person "means:

(a) an employee organisation that is a negotiating party to the proposed agreement; or
(b) a member of such an organisation who is employed by the employer and whose employment will be subject to the proposed agreement; or
(c) an officer or employee of such an organisation acting in that capacity; or
(d) an employee who is a negotiating party to the proposed agreement.


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