WORKING TOGETHER:
Frequently Asked Questions - Industrial Action
What is industrial action?
Industrial action can take many forms, including strikes, work bans and any other action that is designed to disrupt the employer’s business.
What is protected industrial action?
Protected industrial action is industrial action taken in support of enterprise bargaining that meets certain prescribed procedural requirements (see Protected Action Ballot FAQs).
Who can participate in industrial action?
Only NTEU members who are covered by the University’s enterprise agreement can take protected industrial action. Industrial action by any other staff member is unprotected and therefore unlawful.
Will I be paid if I engage in industrial action?
By law, the University cannot pay staff for any time spent engaged in industrial action. Similarly, it is unlawful for a staff member to accept payment for any time spent engaged in industrial action.
If you engage in protected industrial action, you will not be paid for the time you are absent to engage in the industrial action. If you engage in unprotected industrial action (ie. if you are not a member of the NTEU and/or the industrial action does not meet the criteria for “protected industrial action”) you will not be paid for a minimum of four hours on the day you take the action.
These rules apply primarily to strike action where a staff member is physically absent from their workplace. If the industrial action takes the form of a partial work ban (for example, a ban on answering telephones or emails) the University may deduct a proportionate amount of your salary for the course of the industrial action. If the University decides to deduct a proportion of your salary for participating in a work ban. This proportion will vary depending on the type of work ban. If the University decides to deduct a proportion of your salary for participating in a work ban, you will be advised in advance what proportion of your salary the University proposes to deduct.