Section 410 — Fair Work Act 2009 (Cth)

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.

Related sections

• s 407 — Meanings of employee and employer
• s 408 — Protected industrial action
• s 409 — Employee claim action
• s 411 — Employer response action
• s 412 — Pattern bargaining
• s 413 — Common requirements that apply for industrial action to be protected industrial action

Research how courts apply s 410

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