Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 347

Meaning of engages in industrial activity

    A person engages in industrial activity if the person:

  (a)   becomes or does not become, or remains or ceases to be, an officer or member of an industrial association; or

  (b)   does, or does not:

  (i)   become involved in establishing an industrial association; or

  (ii)   organise or promote a lawful activity for, or on behalf of, an industrial association; or

  (iii)   encourage, or participate in, a lawful activity organised or promoted by an industrial association; or

  (iv)   comply with a lawful request made by, or requirement of, an industrial association; or

  (v)   represent or advance the views, claims or interests of an industrial association; or

  (vi)   pay a fee (however described) to an industrial association, or to someone in lieu of an industrial association; or

  (vii)   seek to be represented by an industrial association; or

  (c)   organises or promotes an unlawful activity for, or on behalf of, an industrial association; or

  (d)   encourages, or participates in, an unlawful activity organised or promoted by an industrial association; or

  (e)   complies with an unlawful request made by, or requirement of, an industrial association; or

  (f)   takes part   in industrial action; or

  (g)   makes a payment:

  (i)   that, because of Division   9 of Part   3 - 3 (which deals with payments relating to periods of industrial action), an employer must not pay; or

  (ii)   to which an employee is not entitled because of that Division.


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