Section 410 — Fair Work Act 2009: Employee response action

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.