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Industrial Relations Act 2016
sec.1021BTaking of protected industrial action under this Act
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### sec.1021B Taking of protected industrial action under this Act
This section applies if, immediately before the commencement—
a negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or
had a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.
From the commencement, the negotiating party is taken to satisfy the requirements under chapter 4, part 8 of this Act for taking protected industrial action in relation to the proposed agreement.
To remove any doubt, it is declared that old section 150A does not apply to the taking of protected industrial action under this Act.
Under chapter 4, part 8 of this Act, protected industrial action may be taken during conciliation—see section 233.
This section does not limit section 1021A.
(sec.1021B-ssec.1) This section applies if, immediately before the commencement— a negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or had a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.
(sec.1021B-ssec.2) From the commencement, the negotiating party is taken to satisfy the requirements under chapter 4, part 8 of this Act for taking protected industrial action in relation to the proposed agreement.
(sec.1021B-ssec.3) To remove any doubt, it is declared that old section 150A does not apply to the taking of protected industrial action under this Act. Under chapter 4, part 8 of this Act, protected industrial action may be taken during conciliation—see section 233.
(sec.1021B-ssec.4) This section does not limit section 1021A.
- (a) a negotiating party was taking protected industrial action under the repealed Act in relation to the proposed agreement; or
- (b) had a negotiating party taken industrial action in relation to the proposed agreement, the industrial action would have been protected industrial action under the repealed Act.