Commentary on provisions of the Act New section 234C: Work notices relating to minimum service levels
This new section establishes how work notices are to operate. Work notices are the mechanism that puts minimum service levels into practice for particular strikes in relevant services. The work notice may be given by the employer to the trade union and will identify the people required to work to secure that the levels of service set out in the minimum service regulations are provided on a strike day.
	Subsection (1) gives the employer the right to give a work notice to a union in relation to any strike which relates to the relevant service, where minimum service regulations have been made, and where the union has notified that strike to the employer in accordance with the existing rules on giving notice of a strike.
	Subsection (2) explains that a work notice is to be a notice in writing telling the union that the levels of services, as provided for in the minimum service regulations, are to apply in relation to a strike. The work notice is therefore the mechanism by which the minimum service levels set out in the regulations apply to the provision of services for a strike day.
	Subsection (3) requires the notice to be given to the union that has served the strike notice, in the period between receipt of that strike notice and 7 days before the relevant day of the strike (or later if this is agreed by the union).
	Subsections (4) and (5) prescribe what the contents of a work notice should be. It must identify the people who are required to work during the strike, and the work they must do. It must not list more people than are reasonably necessary to provide the levels of service set out in the minimum service regulations.
	Subsection (6) makes clear that the employer must have no regard to the following when deciding who to identify in a work notice:
whether someone is or is not a member of a trade union or a particular trade union, including a particular branch or section of a trade union (see subsection (7));
whether a person has or has not taken part in activities of a trade union. This could, for example, include strike action or recruitment activities;
whether a person has or has not made use of trade union services;
whether a trade union has or has not raised a matter on behalf of a person; or
whether a person has or has not consented to a trade union raising a matter on their behalf.
	Subsection (8) requires the employer to consult the union about the number of people to be identified in the work notice and the work they must do and have regard to any views expressed by the union before issuing the work notice to that union. Subsection (9) allows the employer to vary a work notice before the end of the 4th day before the relevant day of the strike (or later if this is agreed by the union). Subsection (10) requires the employer to consult the union again, on the same matters as referred to above, before making such a variation.
	Subsection (11) specifies that where a strike takes place over a number of days (whether continuously or discontinuously) each day of the strike is to be treated as a separate strike date. This enables employers to issue individual work notices for individual strike dates even if the strike as a whole runs for multiple days.