Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 596

             (1)  A person is not qualified for a newstart allowance in respect of a period unless the person satisfies the Secretary that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.

             (2)  A person is not qualified for a newstart allowance in respect of a period unless the Secretary is satisfied:

                     (a)  that the person's unemployment during the period 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 which was involved in the industrial action; and

                     (c)  the person was not a member of the trade union during the period.

             (3)  Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a newstart allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note:          for industrial action , trade union and unemployment see section 16.

             (4)  Where 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)  Fair Work Australia or the Australian Industrial Relations Commission; or

                     (c)  the Federal Court of Australia; or

                     (d)  the Federal Magistrates Court;

a person is not qualified for a newstart allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.