95AEmployer may make specified pay deductions in relation to partial strike

1. 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.

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

3. if the partial strike is lawful on the grounds referred to in section 84 (which relates to lawful strikes on the grounds of safety or health); or
4. if—
   1. the employee is paid by piece work; and
   2. the partial strike results in the employee reducing their normal output; or
5. in respect of any period of the partial strike that involves—
   1. a refusal to work overtime; or
   2. a refusal to perform call-out work if the employee would otherwise receive a special payment for performing that work.

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

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

8. To avoid doubt, a deduction under this section—

9. may relate only to the employee’s salary or wages that are payable for the day of the partial strike or the period of the partial strike (whichever applies under section 95C):
10. does not require an employer to have suspended or locked out the employee.