Document ID: chunk:federal_register_of_legislation:C2025C00150:section:410
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 410
Character Range: 1026713–1027943

410  Employee response action

Employee response action
 (1) Employee response action for a proposed enterprise agreement means industrial action that:
 (a) is organised or engaged in as a response to industrial action by an employer; and
 (b) is organised or engaged in, against an employer that will be covered by the agreement, by:
 (i) a bargaining representative of an employee who will be covered by the agreement; or
 (ii) an employee who will be covered by the agreement; and
 (c) meets the common requirements set out in Subdivision B; and
 (d) meets the additional requirements set out in this section.

Industrial action must not relate to a demarcation dispute etc.
 (2) The industrial action must not, if it is being organised or engaged in by a bargaining representative, relate to a significant extent to a demarcation dispute or contravene an FWC order that relates to a significant extent to a demarcation dispute.

Officer of an employee organisation
 (3) If an employee organisation is a bargaining representative of an employee who will be covered by the agreement, the reference to a bargaining representative of the employee in subparagraph (1)(b)(i) includes a reference to an officer of the organisation.