Industrial action

Industrial action typically involves employees striking or implementing work stoppages to protest or negotiate for better working conditions, pay, or other employment issues. Employers might also lock out employees as a response to a dispute. These actions are usually a last resort in negotiations.

Protected and unprotected industrial action

Industrial action is protected, which gives participants immunity from most legal action, only if it is taken during bargaining for a proposed enterprise agreement, after a protected action ballot, with the required written notice, and not before the nominal expiry date of an existing agreement. Other industrial action is unprotected, and the Fair Work Commission can order it to stop. Employers generally must not pay employees for the time they take industrial action. For example, a sudden walk-off over a colleague's dismissal is usually unprotected.

Read our guide to industrial relations, or get employee relations support.