Industrial Relations Act 2016

For section 233(4), the registrar must, on application by an employee organisation, approve the employees likely to be engaging in the proposed industrial action doing so if satisfied that—

before making the application, the employee organisation followed the process approved under subsection (2) and the result was that a majority of employees who participated in the process expressed support for the industrial action; and

the employees are members of the employee organisation; and

the employees will be covered by the proposed bargaining agreement the subject of the industrial action; and

the employees are not proposing to engage in the industrial action—

before the end of the nominal expiry date of any existing bargaining instrument or arbitration determination that will be replaced by the proposed bargaining instrument; or

during any peace obligation period for the proposed bargaining instrument.

For subsection (1)(a), the employee organisation must provide its members likely to be engaging in the proposed industrial action with a process, approved by the registrar, to express their democratic views about the industrial action.

An approval remains in force for the period stated by the registrar.