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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 40

Action involving extraneous participants

             (1)  Building industrial action in relation to a proposed building enterprise agreement is not protected industrial action if:

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

                     (b)  the organisers include one or more persons who are not protected persons for the action.

             (2)  In this section:

protected person means:

                     (a)  an employee organisation that is a bargaining representative for the proposed agreement; or

                     (b)  a member of such an organisation who is employed by the employer and who will be covered by the proposed agreement; or

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

                     (d)  an employee who is a bargaining representative for the proposed agreement.


 

   



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