Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108k
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108K
Character Range: 404321–406589

108K  Exclusion—employee organisation action must be duly authorised

 (1) Engaging in industrial action by members of an organisation of employees that is a negotiating party is not protected action unless, before the industrial action begins:
 (a) the industrial action is duly authorised by a committee of management of the organisation or by someone authorised by such a committee to authorise the industrial action; and
 (b) if the rules of the organisation provide for the way in which the industrial action is to be authorised—the industrial action is duly authorised under those rules; and
 (c) written notice of the giving of the authorisation is given to a Registrar.

 (2) Industrial action is taken, for the purposes of this section, to be duly authorised under the rules of an organisation of employees even though a technical breach has occurred in authorising the industrial action, so long as the person or persons who committed the breach acted in good faith.

 (3) Examples of a technical breach in authorising industrial action are as follows:
 (a) a contravention of the rules of the organisation;
 (b) an error or omission in complying with the requirements of this Act;
 (c) participation, by a person not eligible to do so, in the making of a decision by a committee of management, or by members, of the organisation.

 (4) Industrial action is taken, for the purposes of this section, to have been duly authorised under the rules of an organisation of employees, and to have been so authorised before the industrial action began, unless:
 (a) the Court declares in a proceeding that the industrial action was not duly authorised under those rules; and
 (b) the proceeding was brought in the Court within 6 months after the notification in relation to the industrial action was given to a Registrar under paragraph (1)(c).

 (5) In so far as the rules of an organisation of employees provide for the way in which industrial action that section 108 entitles the organisation to organise or engage in is to be authorised, the rules do not contravene section 159 of the Registration and Accountability of Organisations Schedule unless the manner provided for contravenes that section.

Subdivision C—Significance of action being protected action