See Fair Work Act s.474
If an employee engaged, or engages, in industrial action that is not protected industrial action against an employer on a day, the following applies:
Note: This is a civil remedy provision.
Compliance with s.474 by employers is not voluntary. Failure to comply with s.474 may attract the imposition of a civil penalty, and further, an employer which unlawfully permits its employees to engage in non-protected industrial action without any consequence in terms of loss of pay should not be surprised that such employees repeatedly resort to the use of such industrial action as a pressure tactic when industrial disputes arise.
If employees take action related to issues about workplace health and safety, the action is not considered industrial action if:
As a result the prohibition of payment to an employee, as set out in s.474 of the Fair Work Act, does not apply.
Wages cannot be deducted in reliance on s.474 of the Fair Work Act for taking action if that action meets the requirements of s.19(2) of the Fair Work Act.
However, if the industrial action is, or includes, an overtime ban, s.474 does not apply, in relation to a period of overtime to which the ban applies, unless:
Note: An employee is able to refuse to work additional hours if they are unreasonable. There may be other circumstances in which an employee can lawfully refuse to work additional hours.
then, for the purposes of section 474:
then, for the purposes of this section, the shift is taken to be a day and the remaining parts of the days are taken not to be part of that day.
Overtime is taken not to be a separate shift.
An employee, who is working a shift from 10 pm on Tuesday until 7 am on Wednesday, engages in industrial action that is not protected industrial action from 11 pm on Tuesday until 1 am on Wednesday. That industrial action would prevent the employer making a payment to the employee in relation to 4 hours of the shift, but would not prevent the employer from making a payment in relation to the remaining 5 hours of the shift.
See Fair Work Act s.475
An employee must not ask for, or accept, a payment from an employer if the employer would contravene the prohibition of payment to an employee in s.474 of the Fair Work Act, by making the payment.
A union, or an officer or member of a union, must not ask an employer to make a payment to an employee if the employer would contravene s.474 of the Fair Work Act by making the payment.
Note: These are civil remedy provisions.
Note: Acts of coercion, or misrepresentations, relating to such payments may also contravene the general protections provisions in s.348 or s.349 of the Fair Work Act.
The General protections benchbook contains detailed information and links to cases setting out eligibility and the Commission process, including information on coercion and misrepresentation.
Information on coercion is contained under Division 4 – Industrial Activities in Part 6 – The protections.
See Fair Work Act s.476
If an employee engaged, or engages, in industrial action against an employer, these provisions of the Fair Work Act do not affect any right of the employer, under the Fair Work Act or otherwise, to do anything in response to the industrial action that does not involve payments to the employee.
This includes the rights that the employer has under common law or by taking employer response action or standing down the employee.
 Maritime Union of Australia, The v Patrick Stevedores Holdings Pty Limited  FWCFB 657 (Hatcher VP, Catanzariti VP, Roberts C, 31 January 2014) at para. 79, [(2014) 240 IR 146].
 Fair Work Act s.19(2)(c).
 See Explanatory Memorandum to Fair Work Bill 2008 at para. 254.
 See Fair Work Act s.62(2).
 Explanatory Memorandum to Fair Work Bill 2008 at para. 1904.