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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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