Document ID: chunk:federal_register_of_legislation:C2025C00189:section:45dd:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 45DD (pt 3/3)
Character Range: 444210–445014

to the Commission under subsection 93(1) and the Commission has not given a notice in respect of the conduct under subsection 93(3) or (3A); or
 (b) that the dominant purpose for which the defendant engaged in the conduct concerned was to preserve or further a business carried on by him or her.

Each person to prove defence
 (8) If:
 (a) a person engages in conduct in concert with another person; and
 (b) the other person proves a matter specified in paragraph (7)(a) or (b) in respect of that conduct;
in applying subsection 45DB(1) to the first person, ignore the fact that the other person has proved that matter.
Note: Section 415 of the Fair Work Act 2009 limits the right to bring actions under this Act in respect of industrial action that is protected action for the purposes of that section.