Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 438

             (1)  Engaging in industrial action in relation to a proposed collective agreement is not protected action if:

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

                     (b)  it is organised other than solely by one or more protected persons for the industrial action.

             (2)  Organising industrial action in relation to a proposed collective agreement is not protected action if:

                     (a)  it is organised in concert with one or more persons who are not protected persons for the industrial action; or

                     (b)  it is intended to be engaged in other than solely by one or more protected persons for the industrial action.

             (3)  In this section:

"protected person , " for industrial action in relation to a proposed collective agreement, means:

                     (a)  an organisation of employees that is a negotiating party to the proposed collective agreement; or

                     (b)  a member of such an organisation who is employed by the employer and whose employment will be subject to the proposed collective 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 collective agreement; or

                     (e)  an employer who is a negotiating party to the proposed collective agreement.