Section 180 — Trade Union and Labour Relations (Consolidation) Act 1992: Effect of provisions restricting right to take industrial action.

Effect of provisions restricting right to take industrial action. 180 1 Any terms of a collective agreement which prohibit or restrict the right of workers to engage in a strike or other industrial action, or have the effect of prohibiting or restricting that right, shall not form part of any contract between a worker and the person for whom he works unless the following conditions are met.

2 The conditions are that the collective agreement—

a is in writing, b contains a provision expressly stating that those terms shall or may be incorporated in such a contract, c is reasonably accessible at his place of work to the worker to whom it applies and is available for him to consult during working hours, and d is one where each trade union which is a party to the agreement is an independent trade union; and that the contract with the worker expressly or impliedly incorporates those terms in the contract.

3 The above provisions have effect notwithstanding anything in section 179 and notwithstanding any provision to the contrary in any agreement (including a collective agreement or a contract with any worker).