Attributable to a Fair Work Ombudsman spokesperson
The Fair Work Ombudsman (FWO) is aware of protests planned to take place on Tuesday, 27 August 2024.
The FWO takes this opportunity to remind employees, employers and registered organisations of their obligations under the Fair Work Act 2009 (Cth) (FW Act) and that as a part of the FWO’s functions under the FW Act, the FWO monitors and investigates potential non-compliance with Commonwealth workplace laws. This includes allegations of people engaging in or organising unprotected industrial action, or employers breaching their obligations around employee rights and protections.
Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the FW Act. Any person “knowingly involved” in a contravention of the FW Act is also taken to have contravened that provision.
Where an employee has engaged in unprotected industrial action, the employer is required under the FW Act to deduct a minimum of four hours wages from the employee, even if the industrial action was less than four hours.
Employers must not unreasonably refuse to approve an employee’s request to take annual leave, including to attend a protest. Employees also have protections against adverse action being taken against them including because they have a workplace right or because of a protected attribute including their political opinion.
If you require further information on industrial action, we refer you to our website .
