Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_23:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 23 (pt 1/2)
Character Range: 1072241–1074980

23  Industrial action must not be taken until after nominal expiry date—preserved collective State agreements

 (1) During the period beginning on the reform commencement day and ending on the nominal expiry date of a preserved collective State agreement, an employee, organisation or officer covered by subclause (2) must not organise or engage in industrial action (whether or not that action relates to a matter dealt with in the agreement).

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

Note 2: Action that contravenes this subclause is not protected action (see clause 25).

 (2) For the purposes of subclause (1), the following are covered by this subclause:
 (a) an employee who is bound by the agreement;
 (b) an organisation of employees that is bound by the agreement;
 (c) an officer or employee of such an organisation acting in that capacity.

 (3) An employer that is bound by a preserved collective State agreement must not engage in industrial action against an employee whose employment is subject to the agreement (whether or not that industrial action relates to a matter dealt with in the agreement) during the period beginning on the reform commencement and ending on the agreement's nominal expiry date.

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

Note 2: Action that contravenes this subclause is not protected action (see clause 25).

 (4) Subclauses (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 subclause (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 subclause (5), in relation to a contravention of subclause (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 subclause (5), in relation to a contravention of subclause (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