Bulletin 6 – Notice of Protected Industrial Action – issued 15 September 2022

As reported in Bulletin 5 a protected action ballot was recently conducted and approved by members of the Electrical Trades Union (ETU).  ETU have now provided me with a notice of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite bans on performing fuel dips

    The ETU have notified of five separate occasions commencing and concluding on the following days:
    • 12:00am – 11:59pm – on Saturday 17 September 2022
    • 12:00am – 11:59pm – on Sunday 18 September 2022
    • 12:00am – 11:59pm – on Monday 19 September 2022
    • 12:00am – 11:59pm – on Tuesday 20 September 2022
    • 12:00am – 11:59pm – on Wednesday 21 September 2022

Only employees who are members of the ETU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Notice of Protected Industrial Action - AMWU

A protected action ballot was recently conducted and approved by members of the Australian Manufacturing Workers Union (AMWU).  AMWU have now provided me with notices of protected industrial action.

The protected industrial action notified is for:

  • An unlimited number of indefinite or periodic bans on the performance of work on scheduled RDOs (unless in emergency situations)
    This action will commence at 12:00am on Friday 23 September 2022 and will conclude at 11:59pm on Friday 23 September 2022.
  • An unlimited number of indefinite or periodic bans on the filling out of Outage and Test Requests (OTRs)
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Sunday 25 September 2022
  • An unlimited number of indefinite or periodic bans on re-setting dual fuel trips
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 28 September 2022.
  • The distribution of information to clients, the public and media in the form of wearing campaign clothes, stickers, badges or other promotional products displaying logos, slogans and messages about the reason for industrial action provided it is safe to do so  
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.
  • The distribution of information to clients, the public and media in the form of a link to a ‘Wage Freeze Campaign’ website on all emails  
    This action will commence at 12:00am on Wednesday 21 September 2022 and will conclude at 11:59pm on Wednesday 21 December 2022.

Only employees who are members of the AMWU can participate in the action.  Partaking in protected industrial action by members is voluntary, and eligible employees are not required to participate.

Unprotected Industrial Action

Non members of the ETU and AMWU who participate in the industrial action specified for their members will be taking unprotected industrial action.  In accordance with the Act, I am required to deduct salary for unprotected industrial action as follows:

  • Where the period of the industrial action is less than 4 hours on that day, the employer must withhold 4 hours payment from the employee; or
  • If the period of the industrial action is 4 or more hours on that day, the employer must withhold payment for the total duration of the industrial action.

Employees not participating in the Protected Industrial Action

Employees who are members of the ETU and AMWU, or who may be eligible to join these Unions, are asked to contact your manager and advise them if you will, or won’t be, participating in the industrial action. This will enable the Territory Generation to plan for alternate arrangements during the action periods.

Employees not participating in the protected industrial action may be required to perform duties in areas being impacted by the action.

It is important to note that members of the ETU and AMWU have a right to take protected industrial action, and they also have a right to not participate.  No adverse action must be taken against an employee exercising their right.  If you have any concerns these must be immediately reported to your manager.

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 the ETU and AMWU are eligible to participate in protected industrial action specified for their members.
  • Only actions that the ETU and AMWU 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.
  • 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.

Please also note that during a period of industrial action employees remain subject to the code of conduct with regard to appropriate workplace behaviour.  This means no bullying, no harassing, and no aggressive behaviours by any employees.

More information

Regular updates in relation to the bargaining process are available on the OCPE Webpage.

Vicki Telfer PSM
Commissioner for Public Employment
15 September 2022


Last updated: 15 September 2022

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