Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108f:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108F (pt 2/2)
Character Range: 399195–400679

whose employment will be subject to the proposed collective agreement, any action taken as mentioned in subsection 108(3) by the employer is not protected action in so far as it relates to a particular employee unless:
 (a) if the industrial action is in response to, and takes place after the start of, industrial action organised or engaged in by any of the employees who are negotiating parties in respect of the proposed collective agreement—before the industrial action begins; or
 (b) in any other case—at least 3 working days before the industrial action begins;
the employer has given written notice to the particular employee, or has taken other reasonable steps to notify the particular employee, of the intended industrial action.

Notice to state nature of intended action and start day

 (6) A written notice or other notification under this section must state the nature of the intended action and the day when it will begin.

Limitations on when notice may be given

 (7) A written notice or other notification under this section cannot be given:
 (a) if the notification relates to action that must, in order to be protected action, be authorised by a protected action ballot—before the declaration of the results of the ballot (see section 109ZA); or
 (b) if the notification relates to industrial action by an employer (whether the notification is to be given by the employer, an organisation of employees or an employee)—before the start of the bargaining period.