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Industrial action includes strikes, work bans and lock-outs. Industrial action is usually taken by employers or employees to settle a workplace dispute about working conditions. For example, employers or employees may decide to take industrial action during the negotiation process of a new enterprise agreement. It’s always better to try to settle workplace disputes without using industrial action.
An employer or employee can’t just decide to take industrial action without there being consequences. There are different types of industrial action (protected, unprotected and unlawful) and processes that need to be followed to make sure the people taking the action are protected from legal action. Industrial action is only protected if it’s for a proposed enterprise agreement and the existing agreement or workplace determination is past its nominal expiry date.
Industrial action includes:
Industrial action doesn’t include any activities that are agreed to or authorised by an employer and employees.
Note: employees have the right to a safe workplace. Stopping work because of a reasonable concern about an imminent risk to health or safety is not industrial action.
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The information contained on this website is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or workplace relations professional.
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