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Section : 474 Payments not to be made relating to certain periods of industrial action
Domain : Human Resource Management
Classification : Not Identified
Text Content
(2) However, 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. Note: An employee is able to refuse to work additional hours if they are unreasonable (see subsection 62(2)). There may be other circumstances in which an employee can lawfully refuse to work additional hours. (2A) 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: (c) the total duration of the industrial action is, or includes, the period of overtime to which the ban applies; and (d)