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 – Contact us.

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

Tools and resources

Related information

Have a workplace problem?

Problems can happen in any workplace. If you have a workplace problem, we have tools and information to help you resolve it.

Check out our Fixing a workplace problem section for practical information about:

  • working out if there is a problem
  • speaking with your employer or employee about fixing the problem
  • getting help from us if you can't fix the problem.

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