Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_503:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 503 (pt 1/2)
Character Range: 803449–805987

503  Additional effect of Act—industrial action

  Without affecting its operation apart from this section, Part VC also has the effect it would have if:
 (a) each reference in that Part to an employer (within the meaning of that Part) were read as a reference to an employer (within the meaning of this Division) in Victoria; and
 (b) each reference in that Part to an employee (within the meaning of that Part) were read as a reference to an employee (within the meaning of this Division) in Victoria; and
 (c) each reference in that Part to employment (within the meaning of that Part) were read as a reference to the employment of an employee (within the meaning of this Division) in Victoria by an employer (within the meaning of this Division) in Victoria; and
 (d) Division 8 of that Part had not been enacted; and
 (e) subsections 106A(1) to (4) were replaced by the following subsections:

 (1) For the purposes of this Act (other than Part XA), industrial action means any action of the following kind:
 (a) the performance of work by an employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by an employee, the result of which is a restriction or limitation on, or a delay in, the performance of the work;
 (b) a ban, limitation or restriction on the performance of work by an employee or on acceptance of or offering for work by an employee;
 (c) a failure or refusal by employees to attend for work or a failure or refusal to perform any work at all by employees who attend for work;
 (d) the lockout of employees from their employment by the employer of the employees;
but does not include the following:
 (e) action that is not agreement‑related (as defined by subsection (3));
 (f) action by employees that is authorised or agreed to by the employer of the employees;
 (g) action by an employer that is authorised or agreed to by or on behalf of employees of the employer;
 (h) action by an employee if:
 (i) the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety; and
 (ii) the 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 subsection (5), which deals with the burden of proof of the exception in paragraph (e) of this definition.

Note 2: See also subsection (6), which deals with the burden of