Section 415 — Fair Work Act 2009 (Cth)

(1) No action lies under any law (whether written or unwritten) in force in a State or Territory in relation to any industrial action that is protected industrial action unless the industrial action has involved or is likely to involve:

(a) personal injury; or

(b) wilful or reckless destruction of, or damage to, property; or

(c) the unlawful taking, keeping or use of property.

(2) However, subsection (1) does not prevent an action for defamation being brought in relation to anything that occurred in the course of industrial action.

Related sections

• 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
• s 416 — Employer response action—employer may refuse to make payments to employees
• s 416A — Employer response action does not affect continuity of employment
• s 417 — Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc.

Research how courts apply s 415

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.