Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 347

Meaning of engages in industrial activity

                   A person engages in industrial activity if the person:

                     (a)  becomes or does not become, or remains or ceases to be, an officer or member of an industrial association; or

                     (b)  does, or does not:

                              (i)  become involved in establishing an industrial association; or

                             (ii)  organise or promote a lawful activity for, or on behalf of, an industrial association; or

                            (iii)  encourage, or participate in, a lawful activity organised or promoted by an industrial association; or

                            (iv)  comply with a lawful request made by, or requirement of, an industrial association; or

                             (v)  represent or advance the views, claims or interests of an industrial association; or

                            (vi)  pay a fee (however described) to an industrial association, or to someone in lieu of an industrial association; or

                           (vii)  seek to be represented by an industrial association; or

                     (c)  organises or promotes an unlawful activity for, or on behalf of, an industrial association; or

                     (d)  encourages, or participates in, an unlawful activity organised or promoted by an industrial association; or

                     (e)  complies with an unlawful request made by, or requirement of, an industrial association; or

                      (f)  takes part in industrial action; or

                     (g)  makes a payment:

                              (i)  that, because of Division 9 of Part 3-3 (which deals with payments relating to periods of industrial action), an employer must not pay; or

                             (ii)  to which an employee is not entitled because of that Division.



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