3.1.2.60 Other Waiting Periods for NSA & YA

Industrial action exclusion period

If a NSA or YA recipient became unemployed as a result of:

  • being, or having been, engaged in industrial action or a series of industrial actions, or
  • other people taking part or having taken part in industrial action, where:
    • the people or some of the people involved in the industrial action were trade union members, and
    • the recipient was a member of the trade union during the period of the industrial action, AND
  • the industrial action was in breach of order, direction or injunction issued by a State industrial authority, the Australian Industrial Relations Commission, or the Federal Court,

then the person is excluded (not qualified) for NSA or YA for a further period after the industrial action ends.

This further exclusion period does NOT apply to full-time students or PPP.

The following table explains the duration of the exclusion period after the industrial action ends:

If the involvement in industrial

action is …

Then the exclusion…
in breach of an order, direction or injunction issued by:
  • a State industrial authority, OR
  • the Australian Industrial Relations Commission, OR
  • the Federal Court,
commences on the day the industrial action ceases and lasts for 6 weeks.
NOT a breach of an order, direction or injunction issued by:
  • a State industrial authority, OR
  • the Australian Industrial Relations Commission, OR
  • the Federal Court,
does NOT apply.

Act reference: SSAct section 596 Unemployment due to industrial action, section 553A Unemployment due to industrial action

Policy reference: SS Guide 3.2.2.40 Situations Involving Industrial Action

Exemptions & waivers

There is no provision to waive the industrial action deferment period, or to exempt a recipient from serving it.

Last reviewed: 7 November 2016