Bulletin 8 - Protected action ballot approved - issued 4 April 2022

United Workers Union have provided me with a notice that protected industrial action PDF (142.0 KB) will commence on Tuesday 5 April 2022. The notice contains the protected actions being taken.

Employees should note it is unlawful for Correctional Officers who are not members of UWU to participate in protected industrial action.

Notice of reduction in wages

I have issued a formal notice advising of the reduction in wages PDF (955.6 KB) that will be made to employees participating in the protected industrial action. The reduction in wages have been calculated in accordance with the Fair Work Act 2009 (the Act), and are set out in the notice.

Unless you notify management of your non-participation of the protected industrial actions, you may have your pay reduced in accordance with the notice of reduction in wages in response to industrial action.

Notification of non-participation in protected industrial action

Those employees who are not union members or not participating in industrial action, should advise if they are not participating in any action, or advise which protected industrial actions they won’t be participating in. This will ensure that your pay will not be reduced.

Employees will be reminded at muster to email their Deputy Superintendent if they are not participating in the protected industrial action.

Employees (union members or not) who are not participating in the protected industrial action should confirm by email to the following Deputy Superintendents:

Employees not participating in the protected industrial action

Employees who are not participating in the protected industrial action may be required to perform duties in areas being impacted by the action, and may also be required to perform overtime.

Employees who choose not to participate in industrial action will be supported. Any action taken against officers who chose not to participate is serious and likely to constitute a breach of the FWA, breach of the Code of Conduct and/or discipline under the PSEMA.

Employees who witness or are subject to such action must report this immediately to your general manager.

Chief Correctional Officers

Employees performing duties of Chief Correctional Officers (CCOs), either as their nominal position or on temporary promotion, are covered by the Northern Territory Public Sector 2021-2025 Enterprise Agreement and are not eligible to participate in the protected industrial action.

Important information for employees and members considering taking protected industrial action

While I respect the right of employees to take protected industrial action, I remind employees who are considering taking protected industrial action to be aware of the following:

  • Partaking in protected industrial action is voluntary. Members eligible to take action are not required to participate.
  • Only employees who are members of UWU (who were eligible to vote) are eligible to participate in protected industrial action.
  • Only actions that UWU notify me of may be taken as protected industrial action. Taking other action that is not notified will be unprotected.
  • Deductions from salary will be required from union members who engage in work stoppages, for the total duration of stoppage; and in relation to partial work bans, a reduction in payment will be calculated in accordance with the Fair Work Act 2009 (the Act).
  • Non-members who participate in any industrial action will be considered to be taking unprotected industrial action and, in accordance with the Act, I am required to deduct a minimum of 4 hours salary for any unprotected industrial action.

Should I be notified that protected industrial action is to be taken, depending on the type of action notified of, further bulletins will be issued notifying employees of deductions from salary and actions that I may be required to take as the employer.

More information about the bargaining process

Regular updates in relation to the bargaining process are posted to the OCPE website. Further information on bargaining and the Act can be obtained at the Fair Work Commission website or you can contact the Fair Work Commission information line on 1300 799 675.

Vicki Telfer PSM
Commissioner for Public Employment
4 April 2022


Last updated: 27 April 2022

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