Social Security Act 1991

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.

A person is not qualified for a jobseeker payment in respect of a period unless the Secretary is satisfied:

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

the people, or some of the people, were members of a trade union which was involved in the industrial action; and

the person was not a member of the trade union during the period.

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.

For industrial action, trade union and unemployment see section 16.

Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or

the Fair Work Commission or the Australian Industrial Relations Commission; or

the Federal Court of Australia; or

the Federal Circuit and Family Court of Australia (Division 2);