The Fair Work Act 2009 (Cth) (FW Act) sets out the
requirements of lawful industrial action. Industrial action
continues to be a significant feature of the industrial
landscape.
OVERVIEW
The FW Act contains a central distinction between
"protected" industrial action (that is, lawful action)
and "unprotected" industrial action (unlawful action).
However, a designated "bargaining period" during which
industrial action is protected no longer exists, as was the case
previously under the former legislative regime.
Industrial action is permitted for the purpose of supporting or
advancing claims in relation to an enterprise agreement that are
about, or are reasonably believed to be about, "permitted
matters". Permitted matters are essentially matters pertaining
to the relationship between an employer and employee, although the
definition has expanded to also include matters pertaining to the
relationship between the employer and the union.
