See Fair Work Act s.408
Industrial action can only be protected industrial action for a proposed enterprise agreement if it is one of the following:
- employee claim action for the agreement
- employer response action for the agreement, or
- employee response action for the agreement.
Under previous legislation there was scope for an employer to take employer claim action however this was removed with the introduction of the Fair Work Act.
Under the Fair Work Act employer industrial action can only be protected where the employer locks out employees in response to employee industrial action.