Protected industrial action – strike pay
If an employee is taking part in protected industrial action their employer must deduct money from their pay. The employer must deduct the time the employee was involved in the action from their pay. For example, if an employee is on strike for two hours – they will lose two hours pay.
Unprotected industrial action – strike pay
If an employee takes part in unprotected industrial action their employer must also deduct money from their pay. However, the employer is required to deduct a minimum of four hours from the employee’s pay. This is irrespective of how long the action went for. For example, if the employee was on strike one hour, their employer must deduct four hours from the employee’s pay.
Under the Fair Work Act 2009, the following applies:
- employers may be subject to legal action and penalties for failing to withhold pay
- an employee or union must not request employees to be paid for a period of industrial action (whether protected or unprotected), and penalties may apply.
Need more information?
For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au