Strikes and job action in the core public administration
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When strikes can take place
A strike can take place when the members of a bargaining unit are in a legal strike position. Should the employer and the union reach an impasse during collective bargaining, and the union has selected conciliation as its dispute resolution mechanism, the union may take legal strike action when conditions for a strike have been met.
Within the collective bargaining process, a strike will come to an end when either:
- a settlement is reached
- the employer and union agree to arbitration
- when a majority of members of the applicable union vote to accept the employer’s offer
- when the union decides to end or suspend the strike
Strike activities
Picketing
Picketing occurs when union members agree to stand, march, or patrol an area around the workplace as a form of protest.
Striking
A strike involves employees in a legal strike position stopping work, or refusing to work. A strike is intended to restrict or limit the employer’s productivity. Strikes last for as long as the union, with support from the membership, chooses to continue the strike.
The difference between job action and a strike
Job action is a coordinated temporary action by employees intended to pressure management and/or inconvenience or disrupt the business of the employer. This can be done without necessarily resorting to a strike.
Unlawful strike activity
Unlawful strike activity includes:
- the use of force
- threats of violence
- blocking access to premises
- trespassing on or damaging government property
- obstructing the public or employees from entering or leaving premises
Employees participating in such behaviour may be subject to disciplinary action up to and including termination of employment and may be subject to a court injunction and criminal prosecution.
The right to participate in a strike
Employees in a legal strike position have the right to withdraw their services and to participate in a legal strike. No employee can be forced to go on strike.
Employees who do not have the right to strike include:
- casuals
- students
- employees occupying excluded positions
- term employees of less than three months
- employees occupying unrepresented positions
- employees occupying positions deemed essential
- employees in a bargaining unit not in a legal strike position
- part-time workers who work less than one-third of the normal daily or weekly hours of work established for a full-time employee of the same occupational group and level
During a strike, these employees must work/report to work as usual or as directed by their delegated manager.
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