Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 268

268 Payments for strikes not compellable

(1) An employer may pay, or refuse to pay, an employee for a period when the employee engages in a strike.

(2) An employee must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.

(3) An employee organisation, or an officer, member or employee of the organisation, must not organise or engage in, or threaten to organise or engage in, a strike against an employer with intent to coerce the employer to make the payment.

(4) For subsection (3) , action is taken to have been done by an organisation if it is done by—

(a) the organisation’s management committee; or

(b) an officer, employee or agent of the organisation acting in that capacity; or

(c) a member or group of members of the organisation acting under the organisation’s rules; or

(d) a member of the organisation, who performs the function of dealing with an employer on behalf of the member and other members of the organisation, acting in that capacity.

(5) Subsection (4) (c) or (d) does not apply if any of the following persons has taken reasonable steps to prevent the action—

(a) the organisation’s management committee;

(b) a person authorised by the committee;

(c) an officer of the organisation.

(6) A contravention of subsection (2) or (3) is not an offence, but the commission may make an order for the contravention.

(7) In this section—

"strike" does not include the failure to perform work in excess of work required under a bargaining instrument.