Commonwealth Repealed Acts

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This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 445

Exclusion--employee and employee organisation action to be authorised by secret ballot or be in response to employer action

                   Any action taken as mentioned in subsection 435(2) by:

                     (a)  an organisation of employees; or

                     (b)  a member of such an organisation; or

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

                     (d)  an employee who is a negotiating party;

is not protected action unless:

                     (e)  the action is in response to industrial action by the employer against employees whose employment will be subject to the proposed collective agreement; or

                      (f)  the action has been authorised by a protected action ballot (see section 478).

Note:          The question whether industrial action is authorised by a protected action ballot is also affected by section 434.



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