Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108i
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108I
Character Range: 402618–403526

108I  Exclusion—requirement that employer genuinely try to reach agreement etc.

  Industrial action engaged in by an employer against employees is not protected action unless the employer has, before the employer begins to engage in the industrial action:
 (a) if the employees are members of an organisation or organisations that are negotiating parties—genuinely tried to reach agreement with the organisation or organisations; and
 (b) if the employees are negotiating parties—genuinely tried to reach agreement with the employees; and
 (c) complied with all orders or directions made or given by the Commission during the bargaining period that relate to, or that relate to industrial action relating to, the making of the proposed collective agreement or to a matter that has arisen in the negotiations for the proposed collective agreement, so far as the orders or directions apply to the employer.