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

Kiefel CJ

Gageler J

Gleeson J

Jagot J "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:



1. protected industrial action;

2. a protected action ballot;



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