188.8.131.52 Other Waiting Periods for NSA & YA
Industrial action exclusion period
- 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:
||commences on the day the industrial action ceases and lasts for 6 weeks.|
|NOT a breach of an order, direction or injunction issued by:
||does NOT apply.|
Act reference: SSAct section 596 Unemployment due to industrial action, section 553A Unemployment due to industrial action
Policy reference: SS Guide 184.108.40.206 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.