Statement on planned stoppages and rallies
Attributable to a Fair Work Ombudsman spokesperson
The Fair Work Ombudsman (FWO) is aware of work stoppages and rallies planned to take place this week. The FWO encourages employers and employees to have discussions ahead of these stoppages and rallies, including on whether employees might intend to use any available leave while absent from work.
The FWO takes this opportunity to remind employees, employers and registered organisations of their obligations under the Fair Work Act (the Act) and that as a part of the FWO’s functions under the Act, the FWO monitors and investigates potential non-compliance with Commonwealth workplace laws.
This includes allegations of:
- people engaging in or organising unprotected industrial action, or
- employers breaching their obligations around employee rights and protections, including not paying their employees in accordance with an existing enterprise agreement that applies to them and their employees.
Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the Act. Any person “knowingly involved” in a contravention of the Act is also taken to have contravened that provision.
If unprotected industrial action affects or is likely to affect you, or you are a representative of an organisation where industrial action will affect or is likely to affect your members, you can report the conduct to us via industrialmatters@fwo.gov.au. Reports can also be made anonymously.
You can also make an application to the Fair Work Commission, a different organisation, for an order to stop unprotected industrial action.
Where an employee has engaged in unprotected industrial action, the employer is required under the Act to deduct a minimum of four hours’ wages from the employee, even if the industrial action was less than four hours.
Employees also have protections against adverse action being taken against them, including because they have a workplace right or because of a protected attribute including their political opinion.
If you require further information on industrial action, please visit our website Industrial action and protests.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
