Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 495

             (1)  From the day when an ITEA comes into operation until its nominal expiry date, the employee must not engage in industrial action in relation to the employment to which the ITEA relates.

Note 1:       This subsection is a civil remedy provision: see subsection (3).

Note 2:       Action that contravenes this subsection is not protected action: see section 440.

             (2)  From the day when an ITEA comes into operation until its nominal expiry date, the employer must not engage in industrial action against the employee.

Note 1:       This subsection is a civil remedy provision: see subsection (3).

Note 2:       Action that contravenes this subsection is not protected action (see section 440).

Civil remedy provisions

             (3)  Subsections (1) and (2) are civil remedy provisions.

             (4)  The Court may make one or more of the following orders in relation to a person who has contravened subsection (1) or (2):

                     (a)  an order imposing a pecuniary penalty on the person;

                     (b)  injunctions, and any other orders, that the Court considers necessary to stop the contravention or remedy its effects.

             (5)  The pecuniary penalty under paragraph (4)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

             (6)  An application for an order under subsection (4), in relation to a contravention of subsection (1), may be made by:

                     (a)  the employer concerned; or

                     (b)  a workplace inspector; or

                     (c)  any other person prescribed by the regulations.

             (7)  An application for an order under subsection (4), in relation to a contravention of subsection (2), may be made by:

                     (a)  the employee concerned; or

                     (b)  an organisation of employees that represents that employee if:

                              (i)  that employee has requested the organisation to apply on that employee's behalf; and

                             (ii)  a member of the organisation is employed by that employee's employer; and

                            (iii)  the organisation is entitled, under its eligibility rules, to represent the industrial interests of that employee in relation to work carried on by that employee for the employer; or

                     (c)  a workplace inspector; or

                     (d)  any other person prescribed by the regulations.

Note:          For other provisions about civil remedy provisions, see Division 3 of Part 14.