Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108C
Character Range: 394514–395911

108C  Exclusion—industrial action must not involve persons who are not protected for that industrial action

 (1) Engaging in industrial action in relation to a proposed collective agreement is not protected action if:
 (a) it is engaged in in concert with one or more persons who are not protected persons for the industrial action; or
 (b) it is organised other than solely by one or more protected persons for the industrial action.

 (2) Organising industrial action in relation to a proposed collective agreement is not protected action if:
 (a) it is organised in concert with one or more persons who are not protected persons for the industrial action; or
 (b) it is intended to be engaged in other than solely by one or more protected persons for the industrial action.

 (3) In this section:

protected person, for industrial action in relation to a proposed collective agreement, means:
 (a) an organisation of employees that is a negotiating party to the proposed collective agreement; or
 (b) a member of such an organisation who is employed by the employer and whose employment will be subject to the proposed collective agreement; or
 (c) an officer or employee of such an organisation acting in that capacity; or
 (d) an employee who is a negotiating party to the proposed collective agreement; or
 (e) an employer who is a negotiating party to the proposed collective agreement.