One of our guys posted this on Qrewroom. I don't know his background or how accurate the information is. I put it here to provide context and that's it.
Protected industrial action can’t be taken “as they desire, at a time of their choosing”. At least 3 days written notice must be given to the employer stating the starting date and the nature of the intended action. – s441 WRA. This has to be quite specific. A list of possible types of action to be taken some time in the future is unlikely to be specific enough. – Telstra v CPSU case.
There are more potential problems if there are unprotected persons (non-employees or their representatives basically) involved in the action, if the action is in support of prohibited content (doesn’t take much to trigger this one!) or if any orders or directions of the AIRC are not complied with.
It’s basically a very big exercise in dotting “i”s and crossing “t”s. Effective and competent representation is essential. The TWU should be right on top of all of this. It’s a good demonstration of the vital role that unions have to play especially now with the massive imbalance that exists between employers and employees under the current IR laws.
It’s also worth noting that under s507 of the WRA it is illegal for an employer to pay an employee who is undertaking any sort of industrial action AND it’s also illegal for an employee to accept payment from an employer. So for example – if they require you to wear a uniform and you don’t – it doesn’t matter that you’ve still gone to work and done all the things required of you – it’s illegal for them to pay you or for you to accept payment!
Amos, if a crew isn't legally allowed to go on strike then I'm not going to label them a scab if they choose to work. They can be held personally liable for any illegal industrial action. Besides, even with half the crews working it'll still leave NJS in a bind.