WORKPLACE RELATIONS ACT 1996 - SECT 507 Payments not to be made or accepted in relation to periods of industrial action
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 507
Payments not to be made or accepted in relation to periods of industrial action(1) This section applies if an employee engaged, or engages, in industrial action (whether or not protected action) in relation to an employer on a day.
(2) The employer must not make a payment to an employee in relation to:
(a) if the total duration of the industrial action on that day is less than 4 hours--4 hours of that day; or
(b) otherwise--the total duration of the industrial action on that day.
Note: This subsection is a civil remedy provision: see subsection (6).
(3) If:
(a) the industrial action is during a shift (or other period of work); and
(b) the shift (or other period of work) occurs partly on 1 day and partly on the next day;
then, for the purposes of this section, the shift is taken to be a day and the remaining parts of the days are taken not to be part of that day.
Example: An employee, who is working a shift from 10 pm on Tuesday until 7 am on Wednesday, engages in industrial action from 11 pm on Tuesday until 1 am on Wednesday. That industrial action would prevent the employer making a payment to the employee in relation to 4 hours of the shift, but would not prevent the employer from making a payment in relation to the remaining 5 hours of the shift.
(4) For the purposes of subsection (3), overtime is taken not to be a separate shift.
(5) An employee must not accept a payment from an employer if the employer would contravene subsection (2) by making the payment.
Note: This subsection is a civil remedy provision: see subsection (6).
(6) Subsections (2) and (5) are civil remedy provisions.
(7) The Court may make one or more of the following orders in relation to a person who has contravened subsection (2) or (5):
(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;
(c) any other consequential orders.
(8) The pecuniary penalty under paragraph (7)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.
(9) An application for an order under subsection (7) may be made by:
(a) a workplace inspector; or
(b) a person who has an interest in the matter; or
(c) any other person prescribed by the regulations.
Note: For other provisions about civil remedy provisions, see Division 3 of Part 14.
(10) A regulation prescribing persons for the purposes of paragraph (9)(c) may limit its application to specified circumstances.