Section 436 — Fair Work Act 2009 (Cth)

The object of this Division is to establish a fair, simple and democratic process to allow a bargaining representative to determine whether employees wish to engage in particular protected industrial action for a proposed enterprise agreement.

Note: Under Division 2, industrial action by employees for a proposed enterprise agreement (other than employee response action) is not protected industrial action unless it has been authorised in advance by a protected action ballot.

Related sections

• s 433 — Ministerial directions to remove or reduce threat
• s 434 — Contravening a Ministerial direction
• s 435 — Guide to this Division
• s 437 — Application for a protected action ballot order
• s 437A — Application for a protected action ballot order—multi‑enterprise agreements
• s 438 — Restriction on when application may be made

Research how courts apply s 436

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