ARTICLE · 03 DECEMBER 2008

Industrial Action And Right Of Entry

Hunt & Hunt

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In keeping with the Forward with Fairness Policy, the Bill retains a distinction between protected and unprotected industrial action.

AustraliaEmployment and HR

Justine Matthews

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Protected and unprotected industrial action

In keeping with the Forward with Fairness Policy, the Bill retains a distinction between protected and unprotected industrial action.

Unprotected action

Unprotected action is an industrial action taken during the nominal term of an existing enterprise agreement. Under the Bill, if unprotected industrial action is taken, Fair Work Australia will be able to issue orders that it cease. Fair Work Australia will operate as the AIRC has operated under WorkChoices, namely, that it has no discretion whether or not to issue such orders. If the unprotected industrial action is occurring, the orders must be issued. If the orders are issued and ignored, the Federal Court (or Federal Magistrates Court) can enforce the orders by way of injunction.

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