Industrial action: what you need to know #

Industrial action is one of the most powerful tools available to workers. When bargaining for a new enterprise agreement, the ability to take industrial action gives the AEU real leverage at the negotiating table. It signals to the employer that AEU members are serious.

This fact sheet explains how the process works, what protections you have, and what you can do to support a strong outcome.

What is industrial action? #

It’s not just strikes. Under the Fair Work Act 2009, industrial action is anything that restricts, limits, modifies, bans, or delays the performance of work, or where work is performed in a manner different to how it’s normally done. This can range from short work stoppages to full-day strikes, bans on certain duties, or wearing campaign materials like t-shirts to work.

How does industrial action happen? #

Protected industrial action doesn’t happen overnight. It follows a heavily regulated process with three main steps:

Step 1: Obtaining a Protected Action Ballot Order (PABO) #

The AEU must apply to the Fair Work Commission (FWC) for a Protected Action Ballot Order (PABO). We’re only eligible to do this if we’re already bargaining and genuinely trying to reach an agreement, and if the agreement has already expired or will expire within 30 days. (The agreements for all AEU ACT members expire on 31 March 2026, so we’re eligible from 1 March.)

A PABO is not the FWC approving or allowing industrial action to be taken – rather, it is an order which allows us to ballot our members as to whether they support taking industrial action.

Once the application is lodged, the FWC must decide on whether to approve the PABO within two business days. The employer has the opportunity to respond or object. We have to engage in a mediation session to see if there’s a way to solve our disagreements and therefore avoid potential industrial action.

If the application is approved, we then make arrangements for a vote.

Step 2: The vote #

The most common method of voting is through an electronic system where a voting form would be emailed and messaged to members.

A successful ballot requires a “double majority”:

• At least 50% of all eligible AEU members covered by the enterprise agreement must vote in the ballot, AND
• At least 50% of those who vote must vote yes to at least one of the proposed actions.

This is a high bar — and it’s why turnout is so important. More on this below.

The ballot lists specific types of industrial action (for example, stoppages of work including full-day stoppages, bans on non-face-to-face duties, or wearing campaign materials). You vote yes or no on each proposed action. Generally, a voting period of approximately 14 days is provided.

Step 3: Taking protected industrial action #

If the ballot is successful, the AEU can take the forms of industrial action that were approved by a majority. Actions that weren’t supported cannot be pursued.

Key things to know about this stage: the employer must be given at least three days’ notice before any action is taken; action must occur within 30 days of a successful ballot (the FWC can extend this to 60 days); industrial action is typically taken as a series of escalating actions; and negotiations continue between the AEU and the employer throughout this period.

It’s important to understand that voting in the ballot is not a vote to take action right now. It’s a vote to give the union the power to take that action at a future time, to be determined by the membership.

Can I get in trouble for participating in industrial action? #

If you’re an AEU member, you’re protected. The Fair Work Act prohibits your employer from taking adverse action against you because you take part in protected industrial action or a protected action ballot.

Equally, you’re also protected if you choose not to take part. No one can be disadvantaged for deciding not to participate in industrial action.

However, it’s important to note that only members covered by the enterprise agreement can take protected industrial action. Non-members are not covered by these protections.

Why does turnout matter so much? #

This is the single most important thing to understand. Most ballots that fail do so because not enough members voted, not because members voted against the proposed action. Research consistently shows that when workers do vote, they overwhelmingly support the proposed action.

A failed ballot doesn’t just mean we can’t take action. It can actively undermine the union’s bargaining position, because the employer may interpret a failed ballot as a signal that it can resist union claims. The impact is the same whether the ballot failed because of low turnout or because members voted no.

On the other hand, a successful ballot is incredibly powerful, even if action is never taken. It demonstrates to the employer that industrial action is a real and present possibility, which strengthens the AEU’s position at the bargaining table.

What can I do? #

Every member has an important role. Here’s how you can help:

• Keep your details up to date. The ballot goes to every eligible member covered by the EA. If your contact details are wrong, you might not receive your ballot — and that directly affects whether we reach the 50% turnout threshold. Update your details with the AEU and encourage your colleagues to do the same.
• Vote. When the ballot opens, vote. Even if you’re unsure about a particular form of action, casting your vote helps us meet the quorum. Remember, a yes vote gives the union the option to take action — it doesn’t commit you to anything on the spot.
• Talk to your delegate or sub-branch rep. If you have questions or concerns about what’s being proposed, raise them. Your sub-branch is there to keep you informed and to take your views to Council. Organisers are always happy to chat, too.
• Stay informed. Understand what’s being bargained for and why industrial action might be on the table. The more members understand the process, the stronger we are collectively.