Kiefel CJ
Gageler J
Gleeson J
Jagot J
7.
"341 Meaning of workplace right
Meaning of workplace right
(1) A person has a workplace right if the person:
- (a) is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body; or
- (b) is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument; or
- (c) is able to make a complaint or inquiry:
- (i) to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument; or
- (ii) if the person is an employee – in relation to his or her employment.
Meaning of process or proceedings under a workplace law or workplace instrument
(2) Each of the following is a process or proceedings under a workplace law or workplace instrument:
- …
- (c) protected industrial action;
- (d) a protected action ballot;
- …
- (k) any other process or proceedings under a workplace law or workplace instrument.
