Section 416 — Fair Work Act 2009 (Cth)

If an employer engages in employer response action against employees, the employer may refuse to make payments to the employees in relation to the period of the action.

Note: If an employee engages in protected industrial action against his or her employer, the employer must not make a payment to an employee in relation to certain periods of action (see Subdivision A of Division 9 of this Part).

Related sections

• s 413 — Common requirements that apply for industrial action to be protected industrial action
• s 414 — Notice requirements for industrial action
• s 415 — Immunity provision
• 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.
• s 418 — FWC must order that industrial action by employees or employers stop etc.

Research how courts apply s 416

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