Fair Work Act 2009

This section applies to a regulated worker and to a regulated business if:

the regulated worker is covered by a minimum standards order, or is mentioned in an application for a minimum standards order as a regulated worker who would be covered by the order if it is made; and

the regulated business is covered by the same minimum standards order, or is mentioned in an application for the same minimum standards order as a regulated business that would be covered by the order if it is made; and

if the regulated business is a digital labour platform operator—the regulated worker is an employee‑like worker:

from whom the digital labour platform operator receives services under a services contract; or

who performs services under a services contract that was arranged or facilitated through or by means of the digital labour platform operated by the digital labour platform operator; and

if the regulated business is a road transport business—the regulated road transport contractor performs work under the services contract for the regulated business.

Industrial action, in relation to the regulated worker and the regulated business, means action of any of the following kinds:

the performance of work under the services contract by the regulated worker in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by the regulated worker, the result of which is a restriction or limitation on, or a delay in, the performance of the work;

a ban, limitation or restriction on the performance of work under the services contract by the regulated worker or on the acceptance of or offering for work by the regulated worker;

a failure or refusal by the regulated worker to attend for work under the services contract or, if the regulated worker attends for work, a refusal to perform any work at all;

the lockout of the regulated worker by the regulated business.

The action referred to in paragraph (2)(a), (b) or (c) must be directed against the regulated business (whether or not the regulated business is a party to the services contract).

However, industrial action does not include the following:

action by a regulated worker that is authorised or agreed to by the regulated business that is covered by the same minimum standards order as the regulated worker;

action by a regulated business referred to in paragraph (2)(d) that is authorised or agreed to by, or on behalf of, regulated workers covered by the same minimum standards order as the regulated business;

action by the regulated worker, if:

the action was based on a reasonable concern of the regulated worker about an imminent risk to the health or safety of the regulated worker; and

the regulated worker did not unreasonably fail to comply with a direction of the regulated business to perform other available work, whether at the same or another workplace, that was safe and appropriate for the regulated worker to perform.

A regulated business locks out a regulated worker if either or both of the following apply:

the regulated business prevents the regulated worker from performing work under a services contract without terminating the contract;

if the regulated business is a digital labour platform operator and the regulated worker is an employee‑like worker—the digital labour platform operator modifies, limits or suspends the employee‑like worker’s access to a digital labour platform operated by the digital labour platform operator.