WORKPLACE RELATIONS ACT 1996 - SECT 434 Industrial action without further protected action ballot after end of suspension of bargaining period

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 434

             (1)  This section applies if:

                     (a)  before a bargaining period was suspended under subsection 430(1), 431(1), 432(1) or 433(1), industrial action was authorised by a protected action ballot; and

                     (b)  the ballot authorised industrial action:

                              (i)  some or all of which had not been taken before the period of suspension began; or

                             (ii)  that had not ended before the period of suspension began; or

                            (iii)  beyond the period of suspension.

             (2)  After the period of suspension, as extended under subsection 432(3) or 433(4) (if applicable), has ceased (whether because the period ended or was revoked):

                     (a)  a relevant employee (within the meaning of Division 4) may organise, or engage in, that industrial action without another protected action ballot; and

                     (b)  a negotiating party that is an organisation of employees may organise, or engage in, that industrial action without another protected action ballot.

For the purposes of working out when that industrial action may be organised, or engaged in, the period of suspension (including any dates authorised by a protected action ballot as dates on which action is to be taken) is to be ignored.

             (3)  However, that industrial action is not protected action unless, after the period of suspension, the organisation, or the employee, gives the employer at least the required written notice of the intention to take the action. The notice must state the nature of the intended action and the day when it will begin.

             (4)  For the purposes of subsection (3), the required written notice is:

                     (a)  3 working days' written notice; or

                     (b)  if the Commission, in the order under subsection 430(1), 431(1), 432(1) or 433(1) suspending the bargaining period, or an order under subsection 432(3) or 433(4) extending the period of suspension, specifies a higher number of days--that number of days' written notice.

Note:          For the maximum number of days the suspension order can specify, see subsection 430(14), 431(8), 432(7) or 433(8).

             (5)  Nothing in this section authorises industrial action after the end of the period of suspension that is different in type or duration from the industrial action that was authorised by the protected action ballot.

Example 1: A protected action ballot authorised strike action for 20 consecutive working days from a specified date. Fourteen working days into the strike, the bargaining period was suspended for one month.

                   Under this section, once the period of suspension ends, the initiating party could give the required written notice, without another protected action ballot, of 6 further consecutive working days of strike action (the balance of the strike action authorised).

Example 2: A protected action ballot authorised the imposition of certain work bans every Monday, for a period of 8 consecutive weeks starting from a specified date. After 3 weeks, the bargaining period was suspended for a period of 2 weeks.

                   Under this section, once the period of suspension ends, the initiating party could give the required written notice, without another protected action ballot, that the work bans authorised by the ballot will be imposed for 5 further consecutive Mondays (the balance of the industrial action authorised).