Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 470

Payments not to be made relating to certain periods of industrial action

             (1)  If an employee engaged, or engages, in protected industrial action against an employer on a day, the employer must not make a payment to an employee in relation to the total duration of the industrial action on that day.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  However, this section does not apply to a partial work ban.

Note:          For payments relating to periods of partial work bans, see section 471.

             (3)  A partial work ban is industrial action that is not:

                     (a)  a failure or refusal by an employee to attend for work; or

                     (b)  a failure or refusal by an employee who attends for work to perform any work at all; or

                     (c)  an overtime ban.

             (4)  If the industrial action is, or includes, an overtime ban, this section does not apply, in relation to a period of overtime to which the ban applies, unless:

                     (a)  the employer requested or required the employee to work the period of overtime; and

                     (b)  the employee refused to work the period of overtime; and

                     (c)  the refusal was a contravention of the employee's obligations under a modern award, enterprise agreement or contract of employment.

             (5)  If:

                     (a)  the industrial action is, or includes, an overtime ban; and

                     (b)  this section applies in relation to a period of overtime to which the ban applies;

then for the purposes of this section, the total duration of the industrial action is, or includes, the period of overtime to which the ban applies.



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