Fair Work Commission

What is involved in taking protected industrial action?

In the case of employees, a protected action ballot to authorise the industrial action is required before industrial action can be taken.

Before the industrial action begins, written notice must be given to the other side of the negotiations.

Unless the industrial action is in response to industrial action taken by the other side, at least three days' notice must be given. The written notice must state the nature of the intended action and the day it will begin.

Suspension or termination of protected industrial action

The Fair Work Commission may suspend or terminate industrial action even if it is protected in certain circumstances.

These circumstances include where the industrial action is causing significant economic harm to the employer or employers who would be covered by the agreement and/or the employees who would be covered by the agreement.

The Commission may also suspend or terminate industrial action where it threatens to endanger the life, personal safety, health or welfare of the population or of part of it, or to cause significant damage to the economy or an important part of it.

The Commission may also suspend protected industrial action to allow a cooling off period which is threatening to cause significant harm to a third party.

Orders to stop or prevent unprotected industrial action

Industrial action is only protected if it is in relation to bargaining for an agreement.

An application to stop or prevent industrial action must be granted by the Commission if the industrial action is unprotected.

Such an application should be heard and determined within two working days.

An order to stop or prevent industrial action can be enforced in the courts.