Simple search of free and LexisNexis legal content for Australia
– legislation, cases, practical guidance, forms & precedents, journals and newsletters.
Employment → Industrial action → Unprotected industrial action
Overview — Unprotected industrial action
Part 3-3 of the Fair Work Act 2009 (Cth) (FW Act) enshrines the right of employees to take protected industrial action to support or advance claims for a proposed single enterprise agreement, as well as the right of employers to take protected industrial action in response to employee action. See Protected industrial action
Industrial action that is not protected may be subject to a range of orders under the FW Act, including stop orders and injunctions, while also exposing the participants to common law liability. Unprotected action taken during the nominal life of an agreement or which involves coercive conduct may attract additional sanctions.
See Remedies against unprotected action under the Fair Work Act 2009.
See Liability in contract and tort and Injunctions and other common law remedies.
There may also be remedies against unprotected action available under other legislation, including the boycott provisions now set out in the Competition and Consumer Act 2010 (Cth), and state and federal ‘essential services’ legislation.
See Industrial action — Competition law and Industrial action — Essential services legislation.
LexisNexis® Practical Guidance