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SOCIAL SECURITY ACT 1991 - SECT 771HB

Unemployment due to industrial action

             (1)  If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.

             (2)  For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied:

                     (a)  the person's unemployment 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), subsection (1) does not prevent a person from being qualified for a partner allowance 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 Court of Australia;

a person is not qualified for a partner allowance 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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