Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 470

  (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.