Recent Increase In Disputes Relating To Strike Action

In Australia, the concept of protected industrial action provides immunity from prosecution under state and federal laws. However, industrial action will be "protected" only if: 

• The nominal expiry date for the enterprise agreement has passed;
• The industrial action is in association with negotiations for the renewal of an existing or proposed agreement (but not a greenfields or multi-enterprise agreement);
• The industrial action is to support claims in relation to the agreement or in response to action on the part of the employer; and
• The majority of eligible employees vote in support of the action through a secret ballot.

An application can be made to the Fair Work Commission ("FWC") for a protected action ballot order. The industrial action will be protected where the action relates to the questions included in the ballot, more than half of the eligible employees vote, and more than half of those votes are in the affirmative.