What is a protected action ballot?
Protected action ballots are secret ballots that give employees the chance to vote on whether or not they want to initiate protected industrial action.
When can you take protected action?
Protected action can only be taken by an Employee after the proposed action has been approved by the FWC and subsequently voted for by eligible Employees in a protected action ballot. The Protected Industrial Action must commence within 30 days after the declaration of the results of the ballot.
What is a protected industrial action?
Industrial action can either be protected or unprotected. The purpose of taking protected industrial action is so that employees or employers can support or advance their claims during bargaining in relation to a proposed enterprise agreement. …
What is industrial action ballot?
The ballot paper A question asking voters, which can be answered with either a ‘Yes’ or a ‘No’, whether they are prepared to take part, or continue to take part, in strike action and/or a question asking whether they are prepared to take part, or continue to take part, in industrial action short of a strike.
How long can protected industrial action last?
30 day
Once commenced, the form of protected industrial action taken can continue beyond the 30 day period provided it is in line with the ballot endorsed action. There is no requirement that the specific instances of protected industrial action specified in the notice given to the employer under s.
What is the difference between protected and unprotected industrial action?
Protected & unprotected industrial action Protected industrial action can occur after a list of proposed actions has been authorised by the Commission, then approved by a majority of voters in a workplace ballot process. Unprotected industrial action is industrial action that has not been authorised by the Commission.
Can you lose your job for striking?
Typically, workers cannot be fired for going on strike. The NLRA protects the right of workers to strike and prohibits employers from terminating employees for exercising this right. However, the law will only protect lawful strikes.
Can employers take industrial action?
When an employee takes part in protected industrial action, an employer must not threaten to dismiss or discriminate against the employee. Civil action cannot be taken against employers, employees and unions who participate in protected industrial action.
What is a protected action?
The term ‘protected actions’ when used in the context of labor law refer to employee actions based on which an employer is not allowed to react against an employee. An employer may not take any revengeful action against an employee in these situations. …
What are the requirements of a protected strike?
What is a protected strike?
- the dispute has been referred to a council or the Commission for Conciliation, Mediation and Arbitration (CCMA) (speak to us about Labour Pro);
- a certificate stating that the dispute remains unresolved has been issued;
- 30 days have elapsed since the referral; and.
Is unprotected industrial action illegal?
Further, if the industrial action is in relation to building work, unprotected industrial action will be considered unlawful industrial action. Organising or engaging in unlawful industrial action may result in penalties of up to $44,400 for an individual or $222,000 for a body corporate.