Industrial Action Advice

Instructions for Employees

As the current Enterprise Agreements have now expired, employee representatives are able to apply to the Fair Work Commission for authorisation to take protected industrial action, should they choose to do so.

What is industrial action?

Industrial action refers to action taken by employees in relation to workplace negotiations or disputes. Under industrial relations legislation, this can include:

  • stoppages of work (strikes)
  • partial work bans or limitations on certain duties
  • other actions intended to support claims during bargaining

Industrial action is governed by the Fair Work Act 2009 and may only be protected if specific legislative requirements are met, including notice and approval processes through the Fair Work Commission.

Participation in industrial action

Participation in industrial action is a personal choice. No employee is required to participate, regardless of union membership.

Where industrial action is protected, employees who choose to participate may do so without breaching industrial law. However, participation does not remove all employment consequences. Participation in unprotected industrial action may result in additional consequences.

Employee obligations

All ACTPS employees continue to be bound by their:

  • employment conditions and enterprise agreement
  • ACTPS policies and procedures
  • ACTPS Code of Conduct

Employees who are at work are expected to comply with reasonable and lawful directions and to perform the duties of their role as required. These obligations continue to apply during bargaining periods.

Employees are also expected to act professionally, treat colleagues with respect, and support the delivery of services to the ACT community.

Employees who participate in Industrial Action must complete an Industrial Action Timesheet Log [XLSX 22KB].

Pay and work impacts

Where an employee participates in industrial action and does not perform work (either in full or in part), payment may be reduced or not made for the period during which work is not undertaken. This applies even where industrial action is protected.

In line with Fair Work provisions, leave is generally not able to be used to cover periods of participation in industrial action.

Next steps and further information

Employees are encouraged to seek information relevant to their individual circumstances through appropriate channels, including:

  • your manager
  • your union or employee representative (if applicable)
  • your relevant Directorate Human Resources area
  • the ACT Government Bargaining Team at eba@act.gov.au

The Government will continue to respond to the remaining claims and work collaboratively with employee representatives to progress and finalise the common core.

Instructions for Managers

To assist in managing the documentation and management of pay of employees taking industrial action, the attached timesheet has been developed. The process for managing the recording and actioning of the timesheet is:

  • Manager to ensure employee fills out timesheet if taking industrial action;
  • Manager to quality check timesheet with particular attention to correct AGS number listed;
  • Manager to provide completed timesheets to directorate HR;
  • Directorate HR to provide completed timesheets to payroll at Send documents to Payroll - OneGov Service Centre actioning in line with normal payroll deadline protocols. Pay deductions will occur in arrears.

Role of CMTEDD

Due to the complexities of industrial action, all industrial action, potential or actual, will be jointly managed between the directorate(s) and the Office of Industrial Relations and Workforce Strategy, CMTEDD (OIRWS).

Directorates and agencies should inform the OIRWS of the following:

  • any threatened or actual industrial action, and whether it is protected or unprotected;
  • any application for a protected action ballot order; and
  • any application made by the directorate or agency to the FWC in response to actual or threatened industrial action.

If you have any questions regarding Industrial Action Advice, please contact your HR area initially, who will liaise with the ACT Government Bargaining Team at eba.gov.au where necessary.