sec.308Actions of industrial organisations

### sec.308 Actions of industrial organisations For this part, each of the following is taken to be action of an industrial organisation— action taken by the committee of management of the industrial organisation; action taken by an officer or agent of the industrial organisation acting in that capacity; action taken by a member, or group of members, of the industrial organisation if the action is authorised by— the rules of the organisation; or the committee of management of the organisation; or an officer or agent of the organisation acting in that capacity; action taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity; if the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation. Subsections (1) (c) and (d) do not apply if all reasonable steps to prevent the action have been taken by— the committee of management of the industrial organisation; or a person authorised by the committee; or an officer of the industrial organisation. If, for this part, it is necessary to establish the state of mind of an industrial organisation in relation to particular action, it is enough to show— that the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and that the person, or a person in the group, had that state of mind. s 308 amd 2022 No. 27 s 3 sch 1 (sec.308-ssec.1) For this part, each of the following is taken to be action of an industrial organisation— action taken by the committee of management of the industrial organisation; action taken by an officer or agent of the industrial organisation acting in that capacity; action taken by a member, or group of members, of the industrial organisation if the action is authorised by— the rules of the organisation; or the committee of management of the organisation; or an officer or agent of the organisation acting in that capacity; action taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity; if the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation. (sec.308-ssec.2) Subsections (1) (c) and (d) do not apply if all reasonable steps to prevent the action have been taken by— the committee of management of the industrial organisation; or a person authorised by the committee; or an officer of the industrial organisation. (sec.308-ssec.3) If, for this part, it is necessary to establish the state of mind of an industrial organisation in relation to particular action, it is enough to show— that the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and that the person, or a person in the group, had that state of mind. - (a) action taken by the committee of management of the industrial organisation; - (b) action taken by an officer or agent of the industrial organisation acting in that capacity; - (c) action taken by a member, or group of members, of the industrial organisation if the action is authorised by— (i) the rules of the organisation; or (ii) the committee of management of the organisation; or (iii) an officer or agent of the organisation acting in that capacity; - (i) the rules of the organisation; or - (ii) the committee of management of the organisation; or - (iii) an officer or agent of the organisation acting in that capacity; - (d) action taken by a member of the industrial organisation who performs the function of dealing with an employer on behalf of the member and other members of the industrial organisation, acting in that capacity; - (e) if the industrial organisation is an unincorporated industrial organisation that does not have a committee of management—action taken by a member, or group of members, of the industrial organisation. - (i) the rules of the organisation; or - (ii) the committee of management of the organisation; or - (iii) an officer or agent of the organisation acting in that capacity; - (a) the committee of management of the industrial organisation; or - (b) a person authorised by the committee; or - (c) an officer of the industrial organisation. - (a) that the action was taken by a person, or a group, mentioned in subsection (1) (a) to (d) ; and - (b) that the person, or a person in the group, had that state of mind.