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FAIR WORK ACT 2009 - SECT 410

Employee response action

Employee response action

             (1)  Employee response action for a proposed enterprise agreement means industrial action that:

                     (a)  is organised or engaged in as a response to industrial action by an employer; and

                     (b)  is organised or engaged in, against an employer that will be covered by the agreement, by:

                              (i)  a bargaining representative of an employee who will be covered by the agreement; or

                             (ii)  an employee who will be covered by the agreement; and

                     (c)  meets the common requirements set out in Subdivision B; and

                     (d)  meets the additional requirements set out in this section.

Industrial action must not relate to a demarcation dispute etc.

             (2)  The industrial action must not, if it is being organised or engaged in by a bargaining representative, relate to a significant extent to a demarcation dispute or contravene an FWC order that relates to a significant extent to a demarcation dispute.

Officer of an employee organisation

             (3)  If an employee organisation is a bargaining representative of an employee who will be covered by the agreement, the reference to a bargaining representative of the employee in subparagraph (1)(b)(i) includes a reference to an officer of the organisation.



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