Fair Work Commission

About this benchbook

The Industrial action benchbook has been prepared by staff of the Fair Work Commission to provide information about the regulation of protected industrial action and unprotected industrial action under the Fair Work Act 2009.

Information is provided to parties to assist in the preparation of material before the Commission.

Quick links

General

What is industrial action?

When can protected industrial action be taken?

What is a protected action ballot?

How much notice must be given before protected industrial action can commence?

Can the notice period be extended?

What is pattern bargaining?

Employer

Can I take industrial action?

Can I stop protected industrial action?

How do I stop unprotected industrial action?

Who will conduct the protected action ballot vote?

What happens to employees' pay?

Employee

Can I take industrial action?

What type of action can I take?

What if the employer has taken action?

Will I be paid while taking industrial action?

Bargaining representative

How do I make an application for a protected action ballot?

Who can vote for taking protected action?

What is the process for a ballot to authorise protected industrial action?

Can I vary a protected action ballot order?

Can I revoke a protected action ballot order?