Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108h
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108H
Character Range: 401219–402618

108H  Exclusion—requirement that employee organisation or employee comply with Commission orders and directions

 (1) If:
 (a) an organisation of employees is a negotiating party to a proposed collective agreement; and
 (b) the Commission has, during the bargaining period, made or given orders or directions 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;
industrial action engaged in by a person who is a member of the organisation is not protected action unless, before the person begins to engage in the industrial action, the organisation has complied with the order or direction so far as it applies to the organisation.

 (2) If:
 (a) an employee is a negotiating party to a proposed collective agreement; and
 (b) the Commission has, during the bargaining period, made or given orders or directions 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;
industrial action engaged in by the employee is not protected action unless, before the employee begins to engage in the industrial action, the employee has complied with the order or direction so far as it applies to the employee.