Payment during industrial action

Before taking part in industrial action, make sure it's protected industrial action.

Payment during protected industrial action

If the industrial action is protected, the employer must not pay the employee for the actual time the industrial action lasted.

An employee or bargaining representative (such as a union) must not ask to be paid during industrial action.

There are special payment provisions for partial work bans. You need to talk to your bargaining representative or the Fair Work Commission on 1300 799 675 for details.

Payment during unprotected industrial action

If the industrial action is unprotected, the employer must:

  • not pay the employee during the action
  • withhold at least 4 hours pay, even if the action was for less than 4 hours.

Employers who don't withhold payment of wages can face legal action and penalties.

Source reference: Fair Work Act 2009 s.470 - 476 external-icon.png

Think a mistake might have been made?

Mistakes can happen. The best way to fix them usually starts with talking.

Check out our Help resolving workplace issues section for practical advice on:

  • figuring out if a mistake has been made
  • talking to your employer or employee about fixing it
  • getting help from us if you can't resolve it.

What to do next

Help for small business

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