In this Act,—

If there is a partial strike, the employer may make a specified pay deduction from the salary or wages of an employee who is a party to the strike.

However, the employer must not make a specified pay deduction—

Before making any deduction, the employer must comply with the notice requirements in section 95B.

The amount of the deduction must be calculated in accordance with section 95C.

To avoid doubt, a deduction under this section—

If an employer intends to make specified pay deductions in relation to a partial strike, the employer must give notice to each employee who is, or will be, party to the strike that the employer will make those deductions.

A notice under subsection (1) may be given only if the employer has received notice of the partial strike in accordance with this Part or section 589 of the Education and Training Act 2020 (whichever applies).

A notice under subsection (1) must—

If 2 or more of the employer’s employees are parties to a partial strike, the employer may, instead of giving notice to each of those employees, give notice under this section by—

To avoid doubt,—

In this section, relevant pay period means a pay period within which an employee will, in the normal course of events, be paid for a period within which a partial strike, or part of a partial strike, occurred.

An employer must calculate the amount of a specified pay deduction by—

The percentage referred to in subsection (1)(d) is the percentage of the employee’s or employees’ salary or wages that may be deducted.

However, despite subsections (1) and (2), an employer may, instead of calculating and applying a deduction in accordance with those provisions, impose a 10% deduction on the salary or wages that are payable to the employee or employees for the period of the partial strike (which must be ascertained by reference to the information contained in the relevant strike notice), regardless of whether the amount of deduction calculated in accordance with subsection (1) would have been more or less than 10%.

An employer may calculate and apply a specified pay deduction in respect of a group of employees only if each member of the group performs work of the same, or a similar, nature.

Section 6 of the Minimum Wage Act 1983 does not apply to an employee who receives payment at less than the applicable minimum rate of wages prescribed under section 4, 4A, or 4B of that Act if the payment—

Subsection (1)(a) applies only in relation to a period during which deductions may be made under sections 95A to 95C.

This section applies if an employee or a group of employees considers that the employer has incorrectly applied or calculated a specified pay deduction in relation to that employee or those employees.

The union representing that employee or those employees may request that the employer provide the union with the information relied on to apply or calculate the specified pay deduction under section 95A.

A request under subsection (2) must—

To avoid doubt, this section does not permit an employee, or a group of employees, to request the information from the employee’s, or employees’, employer.

If an employer has received a request under section 95E, the employer must provide the union with—

The employer must provide the information and explanation—

This section applies if an employee or group of employees considers that the employer has—

The union, on behalf of that employee or those employees, must give the employer notice of that fact, and the matter must be dealt with as an employment relationship problem.

However, if the notice concerns the application or calculation of the specified pay deduction, the notice may be given only if—

The union must provide the notice—

If the employer and the union are unable to resolve the problem (including by way of mediation), the union may lodge an application with the Authority in accordance with section 158.