When industrial action is not protected industrial action
234 When industrial action is not protected industrial action
Industrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in—
on or before the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed instrument; or
during any peace obligation period for the proposed instrument.
Industrial action is not protected industrial action for a proposed bargaining instrument if the industrial action is engaged in during arbitration for the proposed instrument.
The following persons must not engage in industrial action to which subsection (1) or (2) applies—
an employee who will be covered by the proposed instrument;
an employee organisation that is a negotiating party for the proposed instrument;
an officer or employee of that employee organisation acting in that capacity;
an employer who will be covered by the proposed instrument.
Note—
This subsection is a civil penalty provision.
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