Fair Work Commission

Types of industrial action

Industrial action can be taken by employees or employers.

Employees may go on strike (refusing to attend or perform work) or impose work bans (refusing to perform one or more of their normal duties).

Employers may lock out their employees (refusing to allow them to work).

Why people take industrial action

Industrial action is taken for a variety of reasons including;

• as part of the workplace bargaining process
• to protest about the actions of others in the workplace
• where there is a possible threat to the health and safety of workers.

Protected & unprotected industrial action

Protected industrial action can occur after a list of proposed actions has been authorised by the Commission, then approved by a majority of voters in a workplace ballot process.

This is done as part of the bargaining for a new workplace agreement.

Unprotected industrial action is industrial action that has not been authorised by the Commission.

Payments relating to periods of industrial action

The Fair Work Act provides that during a period of industrial action it is unlawful for:

• an employer to pay an employee, and
• an employee to receive payment from an employer.

There is an exception for partial work bans.