No Adverse Action for Taking Protected Industrial Action

The Fair Work Act recognises that taking protected industrial action is a workplace right. An Employer cannot take adverse action against an employee for engaging in protected industrial action.

CPSU Gives Notice to the Employer of Intention to Take Action

The Fair Work Act requires CPSU to give your Employer three days written notice of the intention of members to take particular types of protected industrial action. There is no requirement under the Fair Work Act for a particular employee to inform his/her manager or supervisor of his/her intention to engage in protected industrial action.

Fair Work Act rules about Payment for Protected Industrial Action

The Fair Work Act contains rules about payments during the period in which an employee engages in protected industrial action.

Payment for Complete Stoppage

If protected industrial action is taken which constitutes a failure/refusal to attend work or a failure/refusal to perform any work at all (Complete Stoppage), the Employer must not make any payment for the duration of that Complete Stoppage.

Payment for Partial Work Bans or Limitations

A partial work ban is industrial action that is not: (a) a failure or refusal to attend for work; or (b) a failure or refusal to perform any work at all.

Partial Payment Notice

If you engage in a partial work ban, your Employer may issue you with a Partial Payment notice and if this occurs please contact CPSU immediately as a dispute in Fair Work Australia may arise over the amount proposed.

Non-Payment Notice

If you engage in a partial work ban, your Employer may give you a Non-Payment notice and you can choose not to attend work or refuse to perform any duties, for the period that the Employer is refusing to pay you, as this counts as protected industrial action. Contact CPSU immediately.

 

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