Proposed Change the Rules Rallies

The Fair Work Ombudsman (FWO) is aware that a rally is scheduled to take place on Tuesday 23 October 2018 in Melbourne and likely in other States/Territories.

The FWO takes this opportunity to remind employees, employers and registered organisations of their obligations under the Fair Work Act 2009 (Cth) (FW Act) and that as a part of the FWO’s functions under the FW Act, the FWO will monitor and investigate potential noncompliance with Commonwealth workplace laws, including allegations of people engaging in or organising unprotected industrial action.

Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the FW Act. Any person “knowingly involved” in a contravention of the FW Act is also taken to have contravened that provision.

Where an employee has engaged in unprotected industrial action, the employer is required, under the FW Act, to deduct a minimum of four hours wages from the employee, even if the industrial action was less than four hours.

If you require further information on industrial action we refer you to the FWO website and the FWO Industrial Action Fact Sheet.

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