Industrial action includes strikes, work bans, and lockouts taken during workplace disputes, strictly regulated under the Fair Work Act.
Legislation: Fair Work Act 2009 Part 3-3 | Category: Workplace Relations
What is Industrial Action?
Industrial action refers to actions taken by employees or employers to pressure the other party during a workplace dispute. For employees, this includes strikes, work bans, go-slows, and other limitations on work. For employers, it includes lockouts. Industrial action is strictly regulated under the Fair Work Act.
Industrial action is only protected (lawful) if it is taken during a bargaining period for a proposed enterprise agreement, after a protected action ballot has approved the action, and required notice has been given. Unprotected industrial action can result in orders to stop, civil penalties, and employees losing pay.
Key Compliance Points for Employers
- Employers must not take adverse action against employees for participating in protected action
- Employers are not required to pay employees for periods of industrial action
- The FWC can suspend or terminate protected action if it is causing significant harm to third parties or the economy
- Unprotected action can be stopped by FWC orders and injunctions
- Response action (lockouts) is available to employers during protected action periods
Frequently Asked Questions
What is Industrial Action?
Industrial action includes strikes, work bans, and lockouts taken during workplace disputes, strictly regulated under the Fair Work Act.
Why is Industrial Action important for employers?
Understanding industrial action helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
