Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 16

Industrial action definitions

             (1)  In this Act, unless the contrary intention appears:

"industrial action" means any of the following that is not authorised by the employer of the person concerned:

                     (a)  the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, result of which is a restriction or limitation on, or a delay in, the performance of the work;

                     (b)  a ban, limitation or restriction on the performance of work or on acceptance of, or offering for, work;

                     (c)  a failure or refusal by a person to attend for work or a failure or refusal to perform any work at all by a person who attends for work.

Note:          See also subsection (2).

"trade union" includes any organisation or association of employees (whether corporate or unincorporate) that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment.

Note:          See also subsection (3).

"unemployment" , in relation to a person, includes:

                     (a)  unemployment of the person arising from:

                              (i)  a person or persons being, or having been, engaged in industrial action; and

                             (ii)  the termination of the person's employment; and

                     (b)  a situation where the person:

                              (i)  is, or has been, stood down from the person's employment or work; or

                             (ii)  is, or has been, suspended from the person's employment or work.

Industrial action

             (2)  For the purposes of the definition of industrial action in subsection (1), conduct that relates to part only of the duties that a person is required to perform in the course of his or her employment is capable of being industrial action .

Trade unions divided into branches

             (3)  If a trade union is divided into branches (whether or not the branches are themselves trade unions), persons who are members of the respective branches are taken to be members of the trade union.



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