What is industrial action?
Industrial action can include:
- stop work activities or strikes
- workplace bans or limitations
- work to rule
- industrial action campaigning.
Can I participate in the stop work action as directed by my union?
Employees will not be discriminated against for taking part in stop work action. Employees who are union members who choose not to participate can continue to work during a period of stop work action.
If I intend to be absent from work to attend stop work meetings, should I let my manager know?
To ensure your manager can maintain a safe workplace and continue to meet essential agency operational requirements, you should notify your manager or supervisor if you intend to be absent from the workplace.
Do I have to apply for any form of leave, flex or TOIL if I am attending stop work action?
No, you do not have to apply for leave or other flexible arrangement such as Flex or TOIL for the purpose of attending stop work action.
Will I still get paid if I attend a stop work meeting and have not applied for leave, flex or TOIL?
As with normal circumstances, where employees do not attend for work as required or leave the workplace without an approved form leave or other flexible arrangement, this may result in your pay being deducted for the time that you are absent.
It is important to note that an employee’s participation in industrial action is not a determining factor as to whether leave, flex or TOIL is approved or not.
Will records be kept of whether employees participated in the stop work meetings?
All agencies will be requested to keep a record of the number of employees directly involved in stop work meetings as required for mandatory reporting to the Australian Bureau of Statistics.
What if the industrial action involves a work ban on performing parts of my job?
The agency will initially assess the impact of bans on the workplace, clients and the community which may change over time. Following the assessment your manager will usually discuss with you the impacts and any potential consequences if the industrial action continues. Where there is a public health, workplace safety and/or business continuity or legal concern that is not able to be mitigated, your manager may seek your compliance to undertake your full duties.
What if the work bans cannot be resolved?
Where the action is not reasonable and may put others at risk including by impacting services, any potential consequences of continuing work bans will be discussed with individuals. The employer may also seek the assistance of the Tasmanian Industrial Commission where the impacts of the work bans cannot be mitigated, and the consequences are significant.
Can union material be displayed in workplaces in support of industrial action campaigns?
Union posters are permitted on union noticeboards and can be removed from other areas of the workplace if required where this may create issues or concerns in workplaces. Further, unions are permitted to share promotional material with members and potential members, however this should not interrupt or impact on the performance of work.
Is it appropriate to use government resources to support union campaigns?
Employees should not use government resources such as buildings, meeting rooms, agency vehicles, equipment or facilities including work email addresses to promote or participate in industrial action.
Employees should comply with any specific agency policies in relation to the use of government resources and consider their obligations in accordance with the State Service Code of Conduct and any work, health and safety issues.
Can I use my work email to send automatic reply wording options as endorsed by my union?
Employees should not use their work email to send automatic reply wording options as endorsed by their union that send messages that could conflict with the obligations that uphold the State Service Principles. These obligations are consistent with community expectations of State Service employees.
Employees should refer to their specific agency policies and guidelines to ensure they are aware of their obligations and that usage of internet and email is in accordance with the State Service Code of Conduct.
