Page:Qantas v Transport Workers Union of Australia.pdf/11

Kiefel CJ
Gageler J
Gleeson J
Jagot J

7.

"341 Meaning of workplace right

Meaning of workplace right (1) A person has a workplace right if the person:

1. is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body; or
2. is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument; or
3. is able to make a complaint or inquiry:
   1. to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument; or
   2. if the person is an employee – in relation to his or her employment.

Meaning of process or proceedings under a workplace law or workplace instrument

(2) Each of the following is a process or proceedings under a workplace law or workplace instrument:

…

3. protected industrial action;
4. a protected action ballot;

…

11. any other process or proceedings under a workplace law or workplace instrument.