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SOCIAL SECURITY ACT 1991 - SECT 596

Unemployment due to industrial action

  (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.


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