Payment during industrial action
Before taking part in industrial action, make sure it's protected industrial action.
On this page:
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.
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