Statement on protests
Attributable to a Fair Work Ombudsman spokesperson
After national rallies today, employers are encouraged to notify the Fair Work Ombudsman (FWO) of any potential unlawful industrial action at their workplace.
As part of the FWO’s functions under the Fair Work Act (the Act), the FWO monitors and investigates potential non-compliance with Commonwealth workplace laws. This includes allegations of engaging in or organising unprotected industrial action in breach of section 417 of the Act.
Unlawful industrial action can involve conduct by an employee, employee organisation and/or an officer of an organisation, or an employer.
Conduct that may be unprotected industrial action in contravention of the Act includes if an employee fails to attend for work or stops work without authorisation from their employer.
We encourage employers to call the Fair Work Infoline on 13 13 94 or email us at industrialmatters@fwo.gov.au if they are aware of potential unlawful industrial action at their workplace.
There is no place for unlawful workplace behaviour.
Where an employee has engaged in unprotected industrial action, an employer is required under the Act to deduct a minimum of four hours wages from the employee, even if the industrial action was less than four hours. This does not include circumstances where an employee is taking approved leave or is on an authorised absence.
Further information on industrial action can be found on our Industrial action and protests webpage.
