Section 470 — Fair Work Act 2009: Payments not to be made relating to certain periods of industrial action

(1) If an employee engaged, or engages, in protected industrial action against an employer on a day, the employer must not make a payment to an employee in relation to the total duration of the industrial action on that day. Note: This subsection is a civil remedy provision (see Part 4-1). (2) However, this section does not apply to a partial work ban. Note: For payments relating to periods of partial work bans, see section 471. (3) A partial work ban is industrial action that is not: (a) a failure or refusal by an employee to attend for work; or (b) a failure or refusal by an employee who attends for work to perform any work at all; or (c) an overtime ban. (4) If the industrial action is, or includes, an overtime ban, this section does not apply, in relation to a period of overtime to which the ban applies, unless: (a) the employer requested or required the employee to work the period of overtime; and (b) the employee refused to work the period of overtime; and (c) the refusal was a contravention of the employee’s obligations under a modern award, enterprise agreement or contract of employment. (5) If: (a) the industrial action is, or includes, an overtime ban; and (b) this section applies in relation to a period of overtime to which the ban applies; then for the purposes of this section, the total duration of the industrial action is, or includes, the period of overtime to which the ban applies.