Commonwealth Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 8

             (1)  Action is protected industrial action if the action is protected industrial action within the meaning of the FW Act.

             (2)  However, action is not protected industrial action if the action is protected industrial action (within the meaning of the FW Act) for a proposed enterprise agreement but:

                     (a)  the action is engaged in in concert with one or more persons who are not protected persons; or

                     (b)  the organisers include one or more persons who are not protected persons.

             (3)  The following persons are protected persons :

                     (a)  an employee organisation (within the meaning of the FW Act) that is a bargaining representative for the proposed enterprise agreement;

                     (b)  a member of such an organisation who is employed by the employer and who will be covered by the proposed enterprise agreement;

                     (c)  an officer of such an organisation acting in that capacity;

                     (d)  an employee who is a bargaining representative for the proposed enterprise agreement.