Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108j
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108J
Character Range: 403526–404321

108J  Exclusion—employee and employee organisation action to be authorised by secret ballot or be in response to employer action

  Any action taken as mentioned in subsection 108(2) by:
 (a) an organisation of employees; or
 (b) a member of such an organisation; or
 (c) an officer or employee of such an organisation acting in that capacity; or
 (d) an employee who is a negotiating party;
is not protected action unless:
 (e) the action is in response to industrial action by the employer against employees whose employment will be subject to the proposed collective agreement; or
 (f) the action has been authorised by a protected action ballot (see section 109ZC).

Note: The question whether industrial action is authorised by a protected action ballot is also affected by section 107K.