Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 3

3. Section 4 of the Principal Act is amended-

(a) by inserting in sub-section (1), after the definition of ''Collegiate
electoral system'', the following definition:

'' 'Committee of management', in relation to an organization or a branch of an
organization, means the group or body of persons (however described) that
manages the affairs of that organization or of that branch, as the case may
be;'';

   (b)  by inserting in sub-section (1), after the definition of ''Full
        Bench'', the following definition:

'' 'Industrial action' means-

   (a)  the performance of work (being work the terms and conditions of which
        are prescribed, wholly or partly, by an award of the Commission, an
        award, determination or order made by another tribunal in pursuance of
        a law of the Commonwealth or by or under a law of the Commonwealth) in
        a manner different from that in which it is customarily performed, or
        the adoption of a practice in relation to such work, the result of
        which is a restriction or limitation on, or a delay in, the
        performance of the work;

   (b)  a ban, limitation or restriction on the performance of work, or on
        acceptance or offering for work, in accordance with the terms and
        conditions prescribed by an award of the Commission, an award,
        determination or order made by another tribunal in pursuance of a law
        of the Commonwealth or by or under a law of the Commonwealth; or

   (c)  a failure or refusal by persons to attend for work or a failure or
        refusal to perform any work at all by persons who attend for work,

but does not include the performance of work in a manner, the adoption of a
practice, ban, limitation or restriction, or a failure or refusal, that is
authorized by the employer of the persons concerned;''; and

   (c)  by adding at the end thereof the following sub-section:

''(6) For the purposes of this Act-

   (a)  conduct is capable of constituting industrial action notwithstanding
        that the conduct concerned relates to part only of the duties that
        persons are required to perform in the course of their employment; and

   (b)  a reference to industrial action shall be read as including a
        reference to a course of conduct consisting of a series of industrial
        actions.''.