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(1) An employer may not employ any person to perform the work of a worker participating in a lawful strike unless the work is necessary to secure essential minimum maintenance services at the undertaking.

(2) A worker has the right to refuse to do any work normally performed by the worker who is participating in a lawful strike except that the worker shall not refuse to perform the work if it is necessary to secure minimum maintenance services.

(3) A dispute as to whether a work is necessary to secure minimum maintenance services shall be referred to the Commission for determination, and the decision of the Commission shall subject to any other law be final.

(4) For the purposes of this section “minimum maintenance services” are those services in an undertaken the interruption of which would result in material damage to equipment and machinery and which by agreement should be maintained during strike or lockout.