Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 460

  (1)   This section applies if:

  (a)   the results of a protected action ballot, as declared by the protected action ballot agent for the ballot, purported to authorise particular industrial action; and

  (b)   an organisation or a person, acting in good faith on the declared ballot results, organised or engaged in that industrial action; and

  (c)   either:

  (i)   it later becomes clear that that industrial action was not authorised by the ballot; or

  (ii)   the decision to make the protected action ballot order is quashed or varied on appeal, or on review by the FWC, after the industrial action is organised or engaged in.

  (2)   No action lies against the organisation or person under any law (whether written or unwritten) in force in a State or a Territory in relation to the industrial action unless the action involved:

  (a)   personal injury; or

  (b)   intentional or reckless destruction of, or damage to, property; or

  (c)   the unlawful taking, keeping or use of property.

  (3)   This section does not prevent an action for defamation being brought in relation to anything that occurred in the course of the industrial action.