strike action

Strike action A strike is a collective withdrawal of labour by employees. Under such action, employees refuse to perform all work, not just selected duties. Strikes are usually, but not always, organised by a union. The purpose of a strike is to pressure an employer (or other third party) into complying with particular demands or refraining from doing something. Under the federal Fair Work Act 2009 strike action may be 'protected action' if undertaken during a bargaining period for an enterprise agreement and other formal procedures have been complied with. Protected action may also cover other types of industrial action as well as strikes. 'Protected action' means that industrial tribunals will not intervene to resolve the dispute as long as it is conducted within the rules of legitimate protected action. Six conditions for protected industrial action Six important conditions must be satisfied in order for industrial action to be protected under the Fair Work Act. 1. Industrial action will not be protected if taken before the nominal expiry of an enterprise agreement. 2. The action must be about: matters pertaining to the employer’s relationship with its employees or the employees’ organisation (eg. a union) payroll deductions or
How the agreement will operate.
If the action is not about any of these matters, it cannot be protected industrial action. 3. The action must be organised by the employees or their bargaining representative (e.g. the union). 4. Before action is taken, the parties must have genuinely tried to reach agreement. 5. A majority of eligible employees must vote in support of the action through a secret ballot. 6. The employer must receive at least three days’ written notice of the industrial action before it is taken. The Fair Work Act specifies that striking employees should not be paid for the period of the strike. Continuity of employment however is not affected. The issue of whether