Fair Work Act 2009
410Employee response action
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410 Employee response action
Employee response action
(1) Employee response action for a proposed enterprise agreement means industrial action that:
(a) is organised or engaged in as a response to industrial action by an employer; and
(b) is organised or engaged in, against an employer that will be covered by the agreement, by:
(i) a bargaining representative of an employee who will be covered by the agreement; or
(ii) an employee who will be covered by the agreement; and
(c) meets the common requirements set out in Subdivision B; and
(d) meets the additional requirements set out in this section.
Industrial action must not relate to a demarcation dispute etc.
(2) The industrial action must not, if it is being organised or engaged in by a bargaining representative, relate to a significant extent to a demarcation dispute or contravene an FWC order that relates to a significant extent to a demarcation dispute.
Officer of an employee organisation
(3) If an employee organisation is a bargaining representative of an employee who will be covered by the agreement, the reference to a bargaining representative of the employee in subparagraph (1)(b)(i) includes a reference to an officer of the organisation.