Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_24
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 24
Character Range: 1075192–1077814

24  Industrial action must not be taken until after nominal expiry date—preserved individual State agreements

 (1) An employee who is bound by a preserved individual State agreement must not engage in industrial action in relation to the employment to which the agreement relates, during the period beginning on the reform commencement and ending on the agreement's nominal expiry date.

Note 1: This subclause is a civil remedy provision: see subclause (3).

Note 2: Action that contravenes this subclause is not protected action (see clause 25).

 (2) An employer that is bound by a preserved individual State agreement must not engage in industrial action in relation to the employment to which the agreement relates, during the period beginning on the reform commencement and ending on the agreement's nominal expiry date.

Note 1: This subclause is a civil remedy provision: see subclause (3).

Note 2: Action that contravenes this subclause is not protected action (see clause 25).

Civil remedy provisions

 (3) Subclauses (1) and (2) are civil remedy provisions.

 (4) The Court may make one or more of the following orders in relation to a person who has contravened subclause (1) or (2):
 (a) an order imposing a pecuniary penalty on the person;
 (b) injunctions, and any other orders, that the Court considers necessary to stop the contravention or remedy its effects.

 (5) The pecuniary penalty under paragraph (4)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

 (6) An application for an order under subclause (4), in relation to a contravention of subclause (1), may be made by:
 (a) the employer concerned; or
 (b) a workplace inspector; or
 (c) any other person prescribed by the regulations.

 (7) An application for an order under subclause (4), in relation to a contravention of subclause (2), may be made by:
 (a) the employee concerned; or
 (b) an organisation of employees that represents that employee if:
 (i) that employee has requested the organisation to apply on that employee's behalf; and
 (ii) a member of the organisation is employed by that employee's employer; and
 (iii) the organisation is entitled, under its eligibility rules, to represent the industrial interests of that employee in relation to work carried on by that employee for the employer; or
 (c) a workplace inspector; or
 (d) any other person prescribed by the regulations.

Note: For other provisions about civil remedy provisions, see Division 4 of Part VIII.

 (8) In this section:

Court means the Federal Court of Australia or the Federal Magistrates Court.