Bulletin 7 - Protected industrial action - issued March 2022
The Fair Work Commission have made an order pursuant to section 443 of the Fair Work Act 2009 for a protected action ballot to be held for employees covered by the Correctional Officer (NTPS) 2017 – 2021 Enterprise Agreement.
UWU members will receive ballots. If the ballot is successful, members of UWU can take the protected industrial action proposed by their union. Employees who are not UWU members cannot participate in protected industrial action.
Fair Work Act requirements
In accordance with the Fair Work Act 2009, the employer is legally required to deduct payment to a union member who engages in protected industrial action, for the total duration of the industrial action taken. In relation to partial work bans (eg. action that affects a particular activity or part of the day, such as conducting an escort), a reduction to salary will be calculated in accordance with the Act, noting a bulletin will be issued advising of the proportion of pay to be deducted.
Regular updates in relation to the bargaining process are posted on the OCPE website. Further information on bargaining and the Act can be obtained on the Fair Work Commission website or you can call their information line on 1300 799 675.
Vicki Telfer PSM
Commissioner for Public Employment
Last updated: 27 April 2022
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