Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is not qualified for a jobseeker payment in respect of a period unless the person satisfies the Secretary that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
(2) A person is not qualified for a jobseeker payment in respect of a period unless the Secretary is satisfied:
(a) that the person's unemployment during the period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and
(c) the person was not a member of the trade union during the period.
(3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a jobseeker payment in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
Note: For industrial action , trade union and unemployment see section 16.
(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:
(a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009 ; or
(b) the Fair Work Commission or the Australian Industrial Relations Commission; or
(c) the Federal Court of Australia; or
(d) the Federal Circuit and Family Court of Australia (Division 2);
a person is not qualified for a jobseeker payment in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.