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WORKPLACE RELATIONS ACT 1996 - SECT 494 Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 494

Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations

             (1)  From the day when:

                     (a)  a collective agreement; or

                     (b)  a workplace determination;

comes into operation until its nominal expiry date has passed, an employee, organisation or officer covered by subsection (2) must not organise or engage in industrial action (whether or not that action relates to a matter dealt with in the agreement or determination).

Note 1:       This subsection is a civil remedy provision: see subsection (4).

Note 2:       Action that contravenes this subsection is not protected action (see section 440).

             (2)  For the purposes of subsection (1), the following are covered by this subsection:

                     (a)  an employee who is bound by the agreement or determination;

                     (b)  an organisation of employees that is bound by the agreement or determination;

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

             (3)  From the time when:

                     (a)  a collective agreement; or

                     (b)  a workplace determination;

is made until its nominal expiry date has passed, the employer must not engage in industrial action against an employee whose employment is subject to the agreement or determination (whether or not that industrial action relates to a matter dealt with in the agreement or determination).

Note 1:       This subsection is a civil remedy provision: see subsection (4).

Note 2:       Action that contravenes this subsection is not protected action (see section 440).

Civil remedy provisions

             (4)  Subsections (1) and (3) are civil remedy provisions.

             (5)  The Court may make one or more of the following orders in relation to a person who has contravened subsection (1) or (3):

                     (a)  an order imposing a pecuniary penalty on the person;

                     (b)  injunctions, and any other orders, that the Court considers necessary to stop the contravention or remedy its effects.

             (6)  The pecuniary penalty under paragraph (5)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

             (7)  An application for an order under subsection (5), in relation to a contravention of subsection (1), may be made by:

                     (a)  the employer concerned; or

                     (b)  a workplace inspector; or

                     (c)  any person affected by the industrial action; or

                     (d)  any other person prescribed by the regulations.

             (8)  An application for an order under subsection (5), in relation to a contravention of subsection (3), may be made by:

                     (a)  the employee concerned; or

                     (b)  an organisation of employees if:

                              (i)  a member of the organisation is employed by the employer concerned; and

                             (ii)  the contravention relates to, or affects, the member of the organisation or work carried on by the member for that employer; or

                     (c)  a workplace inspector; or

                     (d)  any person affected by the industrial action; or

                     (e)  any other person prescribed by the regulations.

Note:          For other provisions about civil remedy provisions, see Division 3 of Part 14.