Protected action ballot order

The Fair Work Commission can make a protected action ballot order as a result of a protected action ballot application being made. A protected action ballot to authorise industrial action must be undertaken before industrial action can be lawfully taken, except where the action is in response to industrial action by the other party in enterprise bargaining.
An application for ballot must:

  • be made by one or more bargaining representatives of an employee who will be covered by a proposed enterprise agreement which is not a greenfields or multi-enterprise agreement
  • not be made more than 30 days before the nominal expiry date of any existing agreement
  • if the applicant wishes someone other than the AEC to conduct the ballot (called a ballot agent), specify the name of that person.
Basic page
Industrial action is primarily regulated under the Fair Work Act 2009 (FW Act). But industrial action in relation to building work is subject to more rules under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).
19 August 2018
Basic page
What is industrial action? Industrial action occurs when employees refuse to perform work at all, ban the performance of all or some work, or perform work in a way that is different to the way it is usually performed, or in a way which limits the performance of work. Industrial action can include:
19 August 2018
News
The Federal Court today handed down penalties totalling $145,950 in relation to unlawful action that halted work at the Ichthys LNG Project in Darwin.
14 September 2017
Basic page
What should I do if industrial action happens on my site? If you’re a code covered entity undertaking Commonwealth funded building work you must:
19 August 2018
News
The ABCC has commenced Federal Court action against the CEPU and four of its officials following separate incidents at the Sydney Metro Trains Facility Site in Rouse Hill on 17 and 18 October and 14 December 2016.
26 April 2019
Landing page
Detailed information about industrial strike action and what your entitlements are.
24 August 2018
News
The ABCC has commenced proceedings in the Federal Court alleging the CFMMEU and two of its officials, including assistant Queensland state secretary Jade Ingham, engaged in coercion, adverse action and organised unlawful industrial action. 
4 March 2019
News
The CFMEU and two of its organisers have been ordered to pay $96,000 in penalties after blockading work at the $1.6 billion Port of Melbourne expansion project and threatening to have 20,000 workers join the dispute.
8 February 2017
News
A court has imposed the maximum possible penalty on former Queensland CFMEU President David Hanna for breaching right of entry laws during a heated site visit in Brisbane. Mr Hanna has been ordered to pay the maximum penalty of $10,200 for his conduct on a construction site at Fortitude Valley on 10 February 2015.
26 May 2017
News
The Federal Court has today ordered the CFMMEU and its official Joseph Myles to pay a total of $294,000 after Mr Myles threatened to blockade and organised industrial action at the Springvale Level Crossing site in Melbourne in 2013.
7 December 2018

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