Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_503:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 503 (pt 2/2)
Character Range: 805757–807541

appropriate for the employee to perform.

Note 1: See also subsection (5), which deals with the burden of proof of the exception in paragraph (e) of this definition.

Note 2: See also subsection (6), which deals with the burden of proof of the exception in subparagraph (h)(i) of this definition.

 (2) For the purposes of this Act (other than Part XA):
 (a) conduct is capable of constituting industrial action even if the conduct relates to part only of the duties that employees are required to perform in the course of their employment; and
 (b) a reference to industrial action includes a reference to a course of conduct consisting of a series of industrial actions.

Meaning of agreement‑related

 (3) For the purposes of this section, action is agreement‑related if:
 (a) it relates to the negotiation or proposed negotiation of an agreement under Part VB (as that Part has effect because of section 500); or
 (b) it affects or relates to work that is regulated by an agreement under Part VB (as that Part has effect because of section 500).

Meaning of lockout

 (4) For the purposes of this section, an employer locks out employees from their employment if the employer prevents the employees from performing work under their contracts of employment without terminating those contracts (except to the extent that this would be an expansion of the ordinary meaning of that expression).

Burden of proof

 (5) Whenever a person seeks to rely on paragraph (e) of the definition of industrial action in subsection (1), that person has the burden of proving that paragraph (e) applies.

 (6) Whenever a person seeks to rely on subparagraph (h)(i) of the definition of industrial action in subsection (1), that person has the burden of proving that subparagraph (h)(i) applies.