The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.1.2.60 Other waiting periods for JSP & YA

Industrial action exclusion period

If a JSP 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 JSP 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 (JSP), section 553A Unemployment due to industrial action (YA)

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: