WORKPLACE RELATIONS ACT 1996 - SECT 438 Exclusion--industrial action must not involve persons who are not protected for that industrial action
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 438
Exclusion--industrial action must not involve persons who are not protected for that industrial action(1) Engaging in industrial action in relation to a proposed collective agreement is not protected action if:
(a) it is engaged in in concert with one or more persons who are not protected persons for the industrial action; or
(b) it is organised other than solely by one or more protected persons for the industrial action.
(2) Organising industrial action in relation to a proposed collective agreement is not protected action if:
(a) it is organised in concert with one or more persons who are not protected persons for the industrial action; or
(b) it is intended to be engaged in other than solely by one or more protected persons for the industrial action.
(3) In this section:
"protected person , " for industrial action in relation to a proposed collective agreement, means:
(a) an organisation of employees that is a negotiating party to the proposed collective agreement; or
(b) a member of such an organisation who is employed by the employer and whose employment will be subject to the proposed collective agreement; or
(c) an officer or employee of such an organisation acting in that capacity; or
(d) an employee who is a negotiating party to the proposed collective agreement; or
(e) an employer who is a negotiating party to the proposed collective agreement.