Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_7:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 7 (pt 1/2)
Character Range: 18002–20532

7  Meaning of industrial action

 (1) In this Schedule, industrial action means:
 (a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, 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 an award or an order of the Commission, by a certified agreement, old IR agreement or AWA, by an award, determination or order made by another tribunal under a law of the Commonwealth or otherwise by or under a law of the Commonwealth; or
 (ii) the work is performed, or the practice is adopted, in connection with an industrial dispute; or
 (b) a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work, in accordance with the terms and conditions prescribed by an award or an order of the Commission, by a certified agreement, or old IR agreement or AWA, by an award, determination or order made by another tribunal under a law of the Commonwealth or otherwise by or under a law of the Commonwealth; or
 (c) a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work, that is adopted in connection with an industrial dispute; or
 (d) a failure or refusal by persons to attend for work or a failure or refusal to perform any work at all by persons who attend for work, if:
 (i) the persons 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; or
 (iii) the persons are employed by the Commonwealth or a constitutional corporation; or
 (iv) the persons are employed in a Territory;
but does not include:
 (e) action by employees that is authorised or agreed to by the employer of the employees; or
 (f) action by an employer that is authorised or agreed to by or on behalf of employees of the employer; or
 (g) 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