Bulletin 13 - notice of protected industrial action - issued 17 August 2022

On Thursday 11 August 2022, the Australian Education Union provided me with a notice of protected industrial action PDF (653.4 KB) that would commence on Friday 19 August 2022.

The action would be a stoppage on the performance of work for 4 hours from 9am until 1pm. It will affect urban worksites in the Darwin and Palmerston regions.

Payments not to be made during periods of protected industrial action

Under s 470 of the Fair Work Act 2009, I am prohibited from paying employees who are participating in protected industrial action for the entire period of that industrial action.

In this case, employees who are participating in the protected industrial action will have a deduction of 4 hours pay from their wages for the day.

The Department of Education will be putting in contingency plans to minimise the disruption to schools and students.

Important information to remember about taking protected industrial action

I also advise employees who are considering taking protected industrial action to be aware of the following:

  • Only employees who are members of AEU and covered by the classifications affected by the proposed non-contract principals, teachers and assistant teachers enterprise agreement are eligible to participate in protected industrial action - if you're a teacher, but are currently working in an administrative classification (as an administrative officer or senior administrative officer), you're not permitted to participate in the protected industrial action.
  • Participating in protected industrial action is voluntary - members eligible to take action are not required to participate.
  • If you plan to exercise your right not to participate in the protected industrial action, I encourage you to advise your principal or manager accordingly - this would help minimise the risk of incorrect deductions from your salary.
  • Only actions that AEU notify me of may be taken as protected industrial action - taking other action that is not notified will be unprotected.
  • Non-members of the AEU who participate in any industrial action will be considered to be taking unprotected industrial action  - in accordance with the Act, I am required to deduct a minimum of 4 hours salary for any unprotected industrial action.

Vicki Telfer PSM
Commissioner for Public Employment
17 August 2022

Last updated: 16 September 2022

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