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September 26 rally – your rights and responsibilities


National , Alert 

Release date: 18 November 2007 

The Victorian Trades Hall Council has organised a rally to be held on Wednesday, 26 September 2007.

The ABCC has a responsibility to advise building industry participants about their legal rights and obligations, including in relation to this rally. This is a function conferred on the ABCC by the Building and Construction Industry Improvement Act 2005 (BCII Act).

Employees who fail to attend for work in order to attend the rally may be engaging in unlawful industrial action. It is a contravention of the BCII Act to engage in unlawful industrial action.

It is possible that an employee can participate in the protest without engaging in unlawful industrial action:

  • first, the absence from work is authorised by the employer in advance and in writing,
  • second, the employee applies for annual leave for the day in question.

The ABCC will investigate any complaint made to it about possible unlawful industrial action.

For more information about your rights and responsibilities regarding rallies or protests, contact the ABCC on 1800 003 338.

Related documents:

Fact sheet - Unlawful industrial action in the building and construction industry

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Disclaimer

This newsletter was correct as at 28 November 2007.