Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 507

             (1)  This section applies if an employee engaged, or engages, in industrial action (whether or not protected action) in relation to an employer on a day.

             (2)  The employer must not make a payment to an employee in relation to:

                     (a)  if the total duration of the industrial action on that day is less than 4 hours--4 hours of that day; or

                     (b)  otherwise--the total duration of the industrial action on that day.

Note:          This subsection is a civil remedy provision: see subsection (6).

             (3)  If:

                     (a)  the industrial action is during a shift (or other period of work); and

                     (b)  the shift (or other period of work) occurs partly on 1 day and partly on the next day;

then, for the purposes of this section, the shift is taken to be a day and the remaining parts of the days are taken not to be part of that day.

Example:    An employee, who is working a shift from 10 pm on Tuesday until 7 am on Wednesday, engages in industrial action from 11 pm on Tuesday until 1 am on Wednesday. That industrial action would prevent the employer making a payment to the employee in relation to 4 hours of the shift, but would not prevent the employer from making a payment in relation to the remaining 5 hours of the shift.

             (4)  For the purposes of subsection (3), overtime is taken not to be a separate shift.

             (5)  An employee must not accept a payment from an employer if the employer would contravene subsection (2) by making the payment.

Note:          This subsection is a civil remedy provision: see subsection (6).

Civil remedy provisions

             (6)  Subsections (2) and (5) are civil remedy provisions.

             (7)  The Court may make one or more of the following orders in relation to a person who has contravened subsection (2) or (5):

                     (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;

                     (c)  any other consequential orders.

             (8)  The pecuniary penalty under paragraph (7)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

             (9)  An application for an order under subsection (7) may be made by:

                     (a)  a workplace inspector; or

                     (b)  a person who has an interest in the matter; or

                     (c)  any other person prescribed by the regulations.

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

           (10)  A regulation prescribing persons for the purposes of paragraph (9)(c) may limit its application to specified circumstances.