Section 759 — Social Security Act 1991: Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders

(1) If: (a) a person who is a nominated visa holder is receiving special benefit; and (b) while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of industrial actions, that leads to the person’s unemployment or to a decrease in the person’s level of income; the rate of special benefit payable to the person is to be determined as if the person had continued, for the period of that industrial action, to be employed and to receive income at the level at which it would have been received if the person had not engaged in that action. (2) Subsection (1) does not apply in relation to a person if the Secretary is satisfied: (a) that the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people or some of the people were members of a trade union that was involved in the industrial action; and (c) the person was not a member of the trade union during the period of the industrial action. (3) Subject to subsection (4), subsections (1) and (2) do not affect the rate of special benefit payable to a person in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped. (4) If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or (c) the Federal Court of Australia; or (d) the Federal Circuit and Family Court of Australia (Division 2); the rate of special benefit payable to a person is to continue to be determined in accordance with subsection (1) but subject to subsection (2) until the end of a period of 6 weeks after the relevant industrial action or series of industrial actions has stopped.