Payment during industrial action
There are rules about pay when employees take industrial action.
On this page:
- Payment during protected industrial action
- Payment during unprotected industrial action
- Tools and resources
- Related information
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, employee organisation (such as a union), an officer or a member of an employee organisation must not ask to be paid or accept payment during protected industrial action.
If the industrial action is a partial work ban, there are special rules that apply. For more information, talk to your bargaining representative or to the Fair Work Commission.
We, the Fair Work Ombudsman, can investigate, commence legal action and seek monetary penalties against employers, employees, employee organisations (such as unions) or an officer or member of an employee organisation who do not comply with the rules against payment during periods of protected industrial action.
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.
An employee, employee organisation (such as a union), officer or a member of an employee organisation must not ask for, or accept, such payment either. If they do so, they can face legal action and penalties.
Employers who don’t withhold payment of wages can also face legal action and penalties.
The FWO can investigate, commence legal action and seek penalties against persons who do not comply with the rules against payment during periods of unprotected industrial action.
Source reference for page: Fair Work Act 2009 sections 470–476
