Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_52aa
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 52AA
Character Range: 1110296–1111727

52AA  Action taken during life of enterprise award not protected

 (1) Engaging in or organising industrial action is not protected action if:
 (a) either:
 (i) the person engaging in the industrial action is bound by a notional agreement preserving State awards that includes terms and conditions from an enterprise award; or
 (ii) the employment of the person engaging in the industrial action is subject to such a notional agreement; and
 (b) a term or condition of the enterprise award included in the notional agreement relates to industrial action; and
 (c) engaging in the industrial action would breach that term or condition; and
 (d) the nominal expiry date of the enterprise award has not yet passed.

 (2) In this clause:

enterprise award means a State award:
 (a) that regulates a term or condition of employment of a person or persons by an employer in a single business or a part of a single business specified in the award; and
 (b) that is specified to have effect for a period, either by reference to an actual or nominal expiry date or by reference to an actual or nominal period; and
 (c) a term of which provides that one or more of the parties will not make further claims before the nominal expiry date for the award.

nominal expiry date for an enterprise award, means the last day of the actual or nominal period during which the enterprise award is specified to have effect.

Division 7—Miscellaneous