Commonwealth Consolidated Acts Commonwealth Consolidated ActsEngaged in industrial action
(1) Subject to subsection (2), a person who is unemployed is subject to an employment - related exclusion unless the person satisfies the Secretary that the person's unemployment was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
Other people engaged in industrial action
(2) If:
(a) a person's unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union that was involved in the industrial action;
the person is subject to an employment - related exclusion unless the person satisfies the Secretary that the person was not a member of the trade union during the person's period of unemployment.
Length of employment - related exclusion
(3) Subject to subsection (4), the employment - related exclusion to which a person is subject under subsection (1) or (2) ends when the industrial action or series of industrial actions stop.
Industrial action etc. in breach of order, direction or injunction
(4) Where the industrial action or series of industrial actions concerned is in breach of an order, direction or injunction issued by:
(a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009 ; or
(b) the Fair Work Commission or the Australian Industrial Relations Commission; or
(c) the Federal Court of Australia; or
(d) the Federal Circuit and Family Court of Australia (Division 2);
the person's employment - related exclusion under subsection (1) or (2) of this section ends 6 weeks after the day on which the industrial action or series of industrial actions stop.
Note: For industrial action , trade union and unemployment see section 16.