Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 429

Application of this section

  (1)   This section applies in relation to employee claim action for a proposed enterprise agreement if:

  (a)   an order suspending the employee claim action has been made; and

  (b)   a protected action ballot authorised the employee claim action:

  (i)   some or all of which had not been taken before the beginning of the period (the suspension period ) of suspension specified in the order; or

  (ii)   which had not ended before the beginning of the suspension period; or

  (iii)   beyond the suspension period; and

  (c)   the suspension period (including any extension under section   428) ends, or the order is revoked before the end of that period.

Further protected action ballot not required to engage in employee claim action

  (2)   A person may engage in the employee claim action without another protected action ballot.

  (3)   For the purposes of working out when the employee claim action may be engaged in, the suspension period (including any dates authorised by the protected action ballot as dates on which employee claim action is to be engaged in) must be disregarded.

  (4)   Nothing in this section authorises employee claim action that is different in type or duration from the employee claim action that was authorised by the protected action ballot.