Protected employee claim action can only be taken after the proposed action has been approved by a vote in a protected action ballot.
This does not apply to employee response action because it is only taken in response to employer response action, which has been taken in response to protected employee claim action. The protection from the initial employee claim action flows on to the employee response action.
The protected industrial action must commence within the 30 day period starting on date of declaration of the results of the ballot, or if the Commission has extended that period by a further 30 days, within that period. Where a ballot authorises various types of industrial action, a particular type of industrial action must be commenced within the 30 day period, in order for that industrial action to remain protected after the 30 day expires.
Before protected industrial action can be taken the following steps MUST be completed: