Section 411 — Fair Work Act 2009 (Cth)

Employer response action

(1) Employer response action for a proposed enterprise agreement means industrial action that:

(a) is organised or engaged in as a response to industrial action 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

(b) is organised or engaged in by an employer that will be covered by the agreement against one or more employees that 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.

Protected action ballots

(2) Subsection (3) applies if the industrial action is organised or engaged in by an employer in response to industrial action that is authorised by a protected action ballot.

(3) The employer mentioned in subsection (2), and any bargaining representative of the employer for the proposed enterprise agreement, must not have contravened any order made under section 448A (which is about mediation and conciliation conferences) that related to the protected action ballot order for the protected action ballot.

Related sections

• s 408 — Protected industrial action
• s 409 — Employee claim action
• s 410 — Employee response action
• s 412 — Pattern bargaining
• s 413 — Common requirements that apply for industrial action to be protected industrial action
• s 414 — Notice requirements for industrial action

Research how courts apply s 411

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