What are the new rules relating to industrial action?
Industrial action can take many forms including strikes, ‘go-slows’ or ‘stop work meetings’. Under the Fair Work Act, employees may still take ‘protected’ action – that is, action which is permitted under the Fair Work Act and which relates to a proposed Enterprise Agreement. Industrial action can only take place if the following requirements have been met: • The bargaining representatives are genuinely trying to reach an agreement • The bargaining representatives have not contravened (broken) any orders which have been made by Fair Work Australia in relation to the agreement • Proper notice has been given of the industrial action which will take place • Action has not been organised or commenced before the nominal expiry date of the agreement, and • Fair Work Australia has not issued a suspension o termination order in relation to the action and no ‘serious breach declaration’ applies. Action taken by employees in support of their claims must: • Be authorised by a majority of employee
