Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_3:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 3 (pt 1/2)
Character Range: 897877–900571

3  Meaning of industrial action

 (1) For the purposes of this Schedule, industrial action means any action of the following kinds:
 (a) the performance of work by a transitional employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by a transitional employee, the result of which is a restriction or limitation on, or a delay in, the performance of the work, where:
 (i) the terms and conditions of the work are prescribed, wholly or partly, by a transitional award; or
 (ii) the work is performed, or the practice is adopted, in connection with an industrial dispute;
 (b) a ban, limitation or restriction on the performance of work by a transitional employee, or on acceptance of or offering for work by a transitional employee, in accordance with the terms and conditions prescribed by a transitional award;
 (c) a ban, limitation or restriction on the performance of work by a transitional employee, or on acceptance of or offering for work by a transitional employee, that is adopted in connection with an industrial dispute;
 (d) a failure or refusal by transitional employees to attend for work or a failure or refusal to perform any work at all by transitional employees who attend for work, if:
 (i) the transitional employees are members of an organisation and the failure or refusal is in accordance with a decision made, or direction given, by an organisation, the committee of management of the organisation, or an officer or a group of members of the organisation acting in that capacity; or
 (ii) the failure or refusal is in connection with an industrial dispute;
 (e) the lockout of transitional employees from their employment by the transitional employer of the employees if:
 (i) the terms and conditions of the employment are prescribed, wholly or partly, by a transitional award; or
 (ii) the lockout is in connection with an industrial dispute;
but does not include any of the following:
 (f) action by transitional employees that is authorised or agreed to by the transitional employer of the employees;
 (g) action by a transitional employer that is authorised or agreed to by or on behalf of transitional employees of the employer;
 (h) action by a transitional employee if:
 (i) the action was based on a reasonable concern by the transitional employee about an imminent risk to his or her health or safety; and
 (ii) the transitional employee did not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.

Note 1: See also subclause (4) which