Industrial Relations Act 2016

A person engages in industrial activity if the person—

becomes or does not become, or remains or stops being, an officer or member of an industrial organisation; or

does or does not—

become involved in establishing an industrial organisation; or

organise or promote a lawful activity for, or on behalf of, an industrial organisation; or

encourage, or participate in, a lawful activity organised or promoted by an industrial organisation; or

comply with a lawful request made by, or a lawful requirement of, an industrial organisation; or

represent or advance the views, claims or interests of an industrial organisation; or

pay a fee (however described) to an industrial organisation or to someone instead of an industrial organisation; or

seek to be represented by an industrial organisation; or

Note—

For subparagraph (vii), representation of a person by an industrial organisation includes a member, delegate or officer of the industrial organisation making representations or advocating on the person’s behalf.

gives or distributes information, or organises or encourages discussion, about the following matters for, or on behalf of, an industrial organisation—

the wages and employment conditions of employees;

workplace rights; or

organises or promotes an unlawful activity for, or on behalf of, an industrial organisation; or

encourages, or participates in, an unlawful activity organised or promoted by an industrial organisation; or

complies with an unlawful request made by, or an unlawful requirement of, an industrial organisation; or

takes part in industrial action that is not protected industrial action.