Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p26
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 61734–64434

competition in any market in which the corporation or a body corporate that is related to the corporation supplies or acquires goods or services.
"(2) Paragraph 4f(b) does not apply in relation to sub-section (1) of this section but a person shall be deemed to engage in conduct for a purpose mentioned in that sub-section if he engages in that conduct for purposes that include that purpose.
"(3) A person shall not be taken to contravene, or to be involved in a contravention of, sub-section (1) by engaging in conduct where—
     (a) the dominant purpose for which the conduct is engaged in is substantially related to—
       (i) the remuneration, conditions of employment, hours of work or working conditions of that person or of another person employed by an employer of that person; or

       (ii) an employer of that person having terminated, or taken action to terminate, the employment of that person or of another person employed by that employer; or
(b) in the case of conduct engaged in by the following persons in concert with each other (and not in concert with any other person), that is to say—
       (i) an organization or organizations of employees, or an officer or officers of such an organization, or both such an organization or organizations and such an officer or officers; and
       (ii) an employee, or 2 or more employees who are employed by the one employer,
       the dominant purpose for which the conduct is engaged in is substantially related to—
       (iii) the remuneration, conditions of employment, hours of work or working conditions of the employee, or of any of the employees, referred to in sub-paragraph (ii); or
       (iv) the employer of the employee, or of the employees, referred to in sub-paragraph (ii) having terminated, or taken action to terminate, the employment of any of his employees.
"(4) The application of sub-section (1) in relation to a person in respect of his engaging in conduct in concert with another person is not affected by reason that sub-section (3) operates to preclude the other person from being taken to contravene, or to be involved in a contravention of, sub-section (1) in respect of that conduct.
"(5) If two or more persons (in this sub-section referred to as the 'participants') each of whom is a member or officer of the same organization of employees (being an organization that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment) engage in conduct in concert with one another, whether or not the conduct is also engaged in in concert with other persons, the organization shall be deemed for the purposes