9/8/2023 0 Comments Lawful strike definitionnot taking action in relation to a demarcation dispute (employee claim or response action).complying with any relevant orders or declarations.observing the notice requirements set out below.parties genuinely trying to reach agreement.not taking action before the nominal expiry date of an industrial agreement (including those workplace agreements made under the previous Workplace Relations Act 1996, for example, collective agreements, Australian Workplace Agreements (AWAs) and Individual Transitional Employment Agreements (ITEAs)).the action meets the common and additional requirements for protection, which include:.it is action taken by employers or employees in response to industrial action taken by the other party (employer or employee response action), and.it is action taken by employees (or their bargaining representatives) to support claims in relation to a proposed enterprise agreement (employee claim action) or.The main importance of industrial action being protected is that it gives immunity from civil liability under State or Territory law (unless that action is likely to involve personal injury or damage, destruction or taking of property). What is protected industrial action?Įmployees and employers can only take protected industrial action when they are negotiating on a proposed enterprise agreement (except for a proposed greenfields agreement or cooperative workplace agreement). Industrial action under the FW Act can be protected or unprotected. the employee did not unreasonably fail to comply with a direction of their employer to perform other work that was safe and appropriate for them to do.it was based on a reasonable concern about an imminent risk to their health or safety and.an employer that is authorised or agreed to by, or on behalf of, their employees.employees that is authorised or agreed to by the employer. Under the FW Act, industrial action does not include action by: the lockout of employees from their employment by their employer.Ī person is under no obligation to either take part, or not take part, in any form of industrial action unless they wish to do so.employees failing or refusing to attend for work or perform any work.a ban, limitation or restriction by employees on performing, accepting or offering to work.employees adopting a work practice that restricts, limits or delays the performance of work.employees performing work in a manner different to how it is normally performed.Under the Fair Work Act (FW Act), industrial action is defined as: In response to employee industrial action, employers may lock out their employees (close the doors or gates of a workplace and refuse to allow them to work). For employees, this is usually going on strike (refusing to attend or perform work) or imposing work bans (refusing to perform all their normal duties). Industrial action can take several forms. What role does the Fair Work Commission play?.What role does the Fair Work Ombudsman play?.
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