Office of the Commissioner for Public Employment

Bulletin 15 - Fourth notice of protected industrial action - issued 13 April 2026

On 13 April 2026, the United Workers Union (UWU) provided a fourth notice of protected industrial action. For more details read the notice of protected industrial action PDF (246.5 KB).

The UWU's notice advises its members will engage in protected industrial action as follows:

  • In all Correctional Centres, commencing at 12:01am on 22 April 2026, in the form of a ban for an indefinite duration on compliance with the employer’s policies preventing the wearing of uniforms when not on official duty or travelling to or from work.
  • Only in Darwin (Holtze) and only UWU delegates, will engage in a range of actions that effectively establish work stoppages of up to 2 hours from 9:30am – 11:30am on 22 April 2026 and during this time they will attend a rally or demonstration whilst wearing uniforms and speaking to the media about the reasons for the industrial action.

Employees who participate in the work stoppage will be deducted pay for the period of the stoppage. This is a mandatory requirement of the Fair Work Act 2009, which prohibits an employer from making payment to an employee for the total duration that the employee engages in the industrial action.

UWU members are reminded of the UWU’s commitment, which formed part of the protected action ballot order to be complied with during protected industrial action:

“It is not the intention of the United Workers Union or its members to engage in industrial action which would (or would threaten to) endanger the life, personal safety or health, or the welfare of the population or a part of it. This includes conduct directed at individual employees, and any damage to Northern Territory Public Sector property.”

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

Unprotected industrial action

Non UWU members who participate in the UWU industrial action 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 industrial action is less than 4 hours on that day, the employer must withhold 4 hours payment from the employee.
  • 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 industrial action.

Employees not participating in protected industrial action

Members of the UWU have a right to take protected industrial action, they also have a right to not participate. No action must be taken against an employee exercising their right in either of these situations. If you have any concerns these must be immediately reported to DoC.PIAAdmin@nt.gov.au.

To assist the Department of Corrections to manage its operations safely, employees (members and non-members of the UWU) 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.

Acting Chief Correctional Officers

Employees performing duties of Chief Correctional Officers (CCOs) and above, either as their nominal position or on temporary promotion / higher duties, are covered by the Northern Territory Public Sector 2025-2029 Enterprise Agreement and are not eligible to participate in the protected industrial action.

CCOs and above may also be re-tasked to perform alternate duties during this period.

Important information for employees and UWU members considering taking 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 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 UWU 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 minimum of 4 hours salary for an unprotected industrial action.
  • Members who are not notified UWU delegates and who participate in this protected industrial action are not permitted to wear their uniforms if attending rallies or demonstrations they are not covered by the UWUs advice.
  • Personal leave is only available where an employee is not fit for work because of a personal illness or injury affecting them, or to provide care or support to an immediate family member. If personal leave is taken during a period of work stoppage industrial action, evidentiary information will be requested.

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, no aggressive behaviours between management and employees and between employees themselves.

More information about the bargaining process

More updates in relation to the bargaining process are posted to the OCPE website.

Further information on bargaining and the Act can be obtained at www.fwc.gov.au or you can contact the Fair Work Commission line on 1300 799 675.

Nicole Hurwood
Commissioner for Public Employment
13 April 2026