WORKPLACE RELATIONS ACT 1996
- SECT 170MP
Negotiation must precede industrial action or lockout

(1)

Engaging in industrial action by a person who is a member of an organisation of employees that is a negotiating party is not protected action unless the organisation has, before the person begins to engage in the industrial action:

(a) genuinely tried to reach agreement with the employer; and
(b) if the Commission has made an order in relation to the negotiations—complied with the order in so far as it applies to the organisation.

(2)

Engaging in industrial action by an employee (the first employee) who is a negotiating party is not protected action unless, before the first employee begins to engage in the industrial action:

(a) the first employee, or another employee acting on behalf of the first employee, has genuinely tried to reach agreement with the employer; and
(b) if the Commission has made an order in relation to the negotiations—the first employee has complied with the order in so far as it applies to the first employee.

(3)

A lockout of employees by an employer is not protected action unless the employer has, before the employer begins the lockout:

(a) if the employees are members of an organisation or organisations that are negotiating parties—genuinely tried to reach agreement with the organisation or organisations; and
(b) if the employees are negotiating parties—genuinely tried to reach agreement with the employees; and
(c) if the Commission has made an order in relation to the negotiations—complied with the order in so far as it applies to the employer.