WORKPLACE RELATIONS ACT 1996 - SECT 508 Organisations not to take action for payments in relation to periods of industrial action
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 508
Organisations not to take action for payments in relation to periods of industrial action(1) An organisation, or an officer, member or employee of an organisation, must not:
(a) make a claim for an employer to make a payment to an employee in relation to a day during which the employee engaged, or engages, in industrial action; or
(b) organise or engage in, or threaten to organise or engage in, industrial action against an employer with intent to coerce the employer to make such a payment.
Note: This subsection is a civil remedy provision: see subsection (4).
(2) For the purposes of subsection (1), action done by one of the following bodies or persons is taken to have been done by an organisation:
(a) the committee of management of the organisation;
(b) an officer, employee or agent of the organisation acting in that capacity;
(c) a member or group of members of the organisation acting under the rules of the organisation;
(d) a member of the organisation, who performs the function of dealing with an employer on behalf of the member and other members of the organisation, acting in that capacity.
(3) Paragraphs (2)(c) and (d) do not apply if:
(a) a committee of management of the organisation; or
(b) a person authorised by the committee; or
(c) an officer of the organisation;
has taken reasonable steps to prevent the action.
(4) Subsection (1) is a civil remedy provision.
(5) The Court may make one or more of the following orders in relation to a person who has contravened subsection (1):
(a) an order imposing a pecuniary penalty on the person;
(b) an order requiring the person to pay to the employer concerned compensation of such amount as the Court thinks appropriate;
(c) injunctions, and any other orders, that the Court considers necessary to stop the contravention or remedy its effects;
(d) any other consequential orders.
(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) The Court must not make an order under paragraph (5)(b) if the employer concerned has contravened subsection 507(2) in connection with the contravention of subsection (1) of this section.
(8) An application for an order under subsection (5) may be made by:
(a) the employer concerned; or
(b) a workplace inspector; or
(c) a person who has an interest in the matter; or
(d) any other person prescribed by the regulations.
Note: For other provisions about civil remedy provisions, see Division 3 of Part 14.
(9) A regulation prescribing persons for the purposes of paragraph (8)(d) may limit its application to specified circumstances.