WORKPLACE RELATIONS ACT 1996 - SECT 441 Exclusion--notice of action to be given

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 441

Notice of employee and employee organisation actions

             (1)  Any action taken as mentioned in subsection 435(2) by:

                     (a)  an organisation of employees; or

                     (b)  a member of such an organisation; or

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

                     (d)  an employee who is a negotiating party;

is not protected action unless the requirements set out in subsection (2) are met.

             (2)  The requirements are that:

                     (a)  if the action is in response to, and is taken after the start of, industrial action against employees by the employer in respect of the proposed collective agreement--the organisation, or the employee who is a negotiating party, has given the employer written notice of the intention to take the action; or

                     (b)  in any other case--the organisation, or the employee who is a negotiating party, has given the employer at least the required written notice of the intention to take the action.

             (3)  For the purposes of paragraph (2)(b), the required written notice is:

                     (a)  3 working days' written notice; or

                     (b)  if a ballot order made under section 462 in respect of the action specifies a higher number of days--that number of days' written notice.

Note:          For the maximum number of days the ballot order can specify, see subsection 463(5).

Notice of employer actions

             (4)  If one or more of the negotiating parties is an organisation of employees, any action taken as mentioned in subsection 435(3) by the employer:

                     (a)  is not protected action unless the employer has given the other negotiating party or each of the other negotiating parties:

                              (i)  if the industrial action is in response to, and takes place after the start of, industrial action organised or engaged in by an organisation that is a negotiating party in respect of the proposed collective agreement--written notice of the intended industrial action; or

                             (ii)  in any other case--at least 3 working days' written notice of the intended industrial action; and

                     (b)  is not protected action in so far as it relates to a particular employee unless:

                              (i)  if subparagraph (a)(i) applies--before the industrial action begins; or

                             (ii)  in any other case--at least 3 working days before the industrial action begins;

                            the employer has given written notice to the particular employee, or has taken other reasonable steps to notify the particular employee, of the intended industrial action.

             (5)  If one or more of the negotiating parties is an employee whose employment will be subject to the proposed collective agreement, any action taken as mentioned in subsection 435(3) by the employer is not protected action in so far as it relates to a particular employee unless:

                     (a)  if the industrial action is in response to, and takes place after the start of, industrial action organised or engaged in by any of the employees who are negotiating parties in respect of the proposed collective agreement--before the industrial action begins; or

                     (b)  in any other case--at least 3 working days before the industrial action begins;

the employer has given written notice to the particular employee, or has taken other reasonable steps to notify the particular employee, of the intended industrial action.

Notice to state nature of intended action and start day

             (6)  A written notice or other notification under this section must state the nature of the intended action and the day when it will begin.

Limitations on when notice may be given

             (7)  A written notice or other notification under this section cannot be given:

                     (a)  if the notification relates to action that must, in order to be protected action, be authorised by a protected action ballot--before the declaration of the results of the ballot (see section 476); or

                     (b)  if the notification relates to industrial action by an employer (whether the notification is to be given by the employer, an organisation of employees or an employee)--before the start of the bargaining period.