When industrial action is protected industrial action
233 When industrial action is protected industrial action
Industrial action is protected industrial action for a proposed bargaining instrument if the industrial action—
meets the requirements of this section; and
is not industrial action to which section 234 applies.
The industrial action must be—
organised, or engaged in, by a protected person for the purpose of—
supporting or advancing claims made in relation to the proposed instrument; or
responding to industrial action mentioned in paragraph (b)(i) by an employer who will be covered by the proposed instrument; or
organised, or engaged in, by an employer who will be covered by the proposed instrument for the purpose of—
supporting or advancing claims made in relation to the proposed instrument; or
responding to industrial action mentioned in paragraph (a)(i) by an employee who will be covered by the proposed instrument.
The following persons have not contravened, before the industrial action starts, the requirement to negotiate in good faith under section 173—
if the industrial action is a strike by an employee who will be covered by the proposed instrument—the negotiating party for the employee;
if the industrial action is a lockout by an employer who will be covered by the proposed instrument—the employer.
If the industrial action is engaged in by employees, the employees likely to be engaging in the industrial action have, before the industrial action is engaged in, been approved by the registrar under section 235 to engage in the industrial action.
Before the industrial action is engaged in, notice of the industrial action must have been given under section 236.
The industrial action may be engaged in during conciliation for the proposed bargaining instrument.
Note—
However, see sections 240 and 241.
In this section—
protected person, for a proposed bargaining instrument, means—
an employee organisation that is a negotiating party for the proposed instrument; or
an officer or employee of that employee organisation acting in that capacity; or
an employee who is a member of that employee organisation and will be covered by the proposed instrument.
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