Protected action ballot

This ballot is a formal process where employees vote anonymously on whether to take collective action, such as a strike, in response to negotiations around their work conditions or enterprise agreements. It's a legal requirement for ensuring the industrial action is lawful and protected. The vote helps gauge the collective opinion of the employees, ensuring any action taken is democratically decided upon.

How a protected action ballot works

Before employees can take protected industrial action during bargaining, a bargaining representative must apply to the Fair Work Commission for a protected action ballot order. The ballot is usually run by the Australian Electoral Commission or another approved agent. At least 50% of the employees on the roll must vote, and more than 50% of valid votes must approve the action. The employer must then be given written notice before the action starts, usually at least 3 working days. For example, employees may vote on whether to hold a 4-hour stoppage or impose overtime bans.

See industrial action and our guide to enterprise agreements.