Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 415

Immunity provision

             (1)  No action lies under any law (whether written or unwritten) in force in a State or Territory in relation to any industrial action that is protected industrial action unless the industrial action has involved or is likely to involve:

                     (a)  personal injury; or

                     (b)  wilful or reckless destruction of, or damage to, property; or

                     (c)  the unlawful taking, keeping or use of property.

             (2)  However, subsection (1) does not prevent an action for defamation being brought in relation to anything that occurred in the course of industrial action.



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