Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109
Character Range: 409961–411125

109  Object of Division and overview of Division

Object

 (1) The object of this Division is to establish a transparent process which allows employees directly concerned to choose, by means of a fair and democratic secret ballot, whether to authorise industrial action supporting or advancing claims by organisations of employees, or by employees.

Overview of Division

 (2) Under Division 3, industrial action by employees is not protected action unless it has been authorised in advance by a secret ballot held under this Division (a protected action ballot). This Division establishes the steps that organisations of employees, or employees, who wish to organise or engage in protected action must take in order to:
 (a) obtain an order from the Commission that will authorise a protected action ballot to be held; and
 (b) hold a protected action ballot that may authorise the industrial action.

 (3) The rule that industrial action by employees is not protected action unless it has been authorised by a protected action ballot does not apply to action in response to an employer engaging in industrial action against the employees (see section 108J).