Know Your Rights

What is a Greenfields Agreement?

A Greenfields Agreement is made before a project starts, between an employer and one or more unions. It does not involve workers directly because none are yet employed. These agreements are common on major projects like Pluto 2, but they lock in conditions for years — without workers having the ability to utilise PIA.

What is a Brownfields Agreement?

A Brownfields Agreement is made when a workforce is already in place. This is where workers can get involved, have a say, vote, and even take protected industrial action if needed. These agreements usually replace or update an existing one.

My employer has said I can’t be a member of a union – is this correct?

This is incorrect – your employer cannot prevent you from being a union member. Workers have freedom of association to become union members, as stipulated in the Fair Work Act 2009. You also are not obligated to inform your employer that you are a union member.

If you work in the below classifications, the AMWU is your union.

    • Mechanical Fitters
    • Pipe Fitters
    • Boilermaker / Welders
    • Trades Assistants
    • Sheet Metal Workers
    • Laggers
    • Dogger
    • Riggers
    • Scaffolders
    • Storeperson

If you work in the below classifications, the CFMEU is your union.

    • Crain Drivers
    • Refractory Tradesperson
    • Dogger
    • Riggers
    • Scaffolders
    • Painters and Blasters
    • Carpenters
    • Form Workers
    • Peggie’s

If you work in the below classifications, the ETU is your union.

    • Electrical Trades Assistant
    • Electrician
    • Dual Trade Electrician (Inlecs’)
    • Communications Tech
    • Instrument Tech
    • Electronics Tech
    • Extra Low Voltage Installer
    • HVAC Technician

Can Apprentices join a union?

You can and absolutely should join your union. Think about it — why wouldn’t you back your team and help shape the future of your trade?

Unions aren’t just for the old hands. You’re part of the crew now, and yes — apprentices can take protected industrial action too. 💪

This is your industry. Stand up. Get involved. Back yourself and your mates.

What is a Scab?

S.C.A.B.Selfish Coward Avoiding Brotherhood

A Scab describes a worker who undermines collective industrial action. This typically refers to someone who:

  • continues working during a strike,
  • covers the work of striking employees, or
  • breaks ranks with fellow workers for personal gain while others are fighting for collective improvements.

The term has strong historical roots in the labour movement and is associated with betrayal of solidarity. Strikes are one of the few tools workers have to improve conditions, and when someone crosses the picket line, it weakens everyone’s bargaining power.

What is a PABO?

A Protected Action Ballot Order (PABO) is the legal process where a union asks the Fair Work Commission to allow its members to vote on whether they want to take protected action. If successful, workers vote — and a majority must say YES to give the green light for action.

What is PIA?

Protected Industrial Action (PIA) is a form of industrial action such as strikes, work bans and stoppages of work that employees and Unions use during negotiations to advance or support their claims in relation to a proposed enterprise agreement. It must comply with certain requirements in the Fair Work Act, such as being approved by the Fair Work Commission (FWC) in a Protected Action Ballot Order.

What is the purpose of taking Protected Industrial Action?

The main objective of taking Protected Industrial Action is to apply pressure on an employer and demonstrate how important certain terms, conditions, and workplace issues are to the employees during negotiations. By interrupting and disrupting an employer’s operations employees can improve their bargaining power and potentially secure better working conditions.

Who can participate in Protected Industrial Action?

To participate in Protected Industrial Action, you must be a member of a Union and must be covered by the proposed enterprise agreement that is being negotiated. You, or your co-workers, can contact the Union Delegate or Organiser for information on how to join your Union.

Can I be disciplined for engaging in Protected Industrial Action?

No, you cannot be disciplined or treated unfairly by your employer for engaging in Protected Industrial Action. This is protected under the General Protections provisions of the Fair Work Act.

Further, protected industrial action carries legal immunity unless the action has involved or is likely to involve personal injury, wilful or reckless destruction of or damage to property, the unlawful taking, keeping or use of property, or defamation.

What can members do to assist the Union to organise Protected Industrial Action?

Members will be asked to participate in a ballot and vote on proposed industrial actions, which may include strikes or work stoppages.

It’s important to vote in favour of the actions you want to take part in. Keep in mind that the proposed actions must receive more than 50% of votes in favour and at least 50% of employees on the roll of voters must have voted in the ballot before you can participate in the Protected Industrial Action.

To ensure you can participate in the ballot, you should update your full name, contact number, email address, and postal address with the Union.

When can employees take Protected Industrial Action?

Employees can engage in Protected Industrial Action if:

  1. The proposed action has been approved by the Commission through a Protected Action Ballot Order and by the Union’s members through a Protected Action Ballot;
  2. The Union has notified the employer of the proposed action; and
  3. The employee is a member of a Union that is eligible under its rules to cover your occupation and is covered by the proposed enterprise agreement.

If an employee does not meet the above criteria, their participation will be considered Unprotected Industrial Action.

Do I need to engage in all actions notified by the Union?

The Union and your Union delegate will consult with members before issuing a notice to the employer about which actions, they would like to participate in. You are not required to participate in all actions that are notified to your employer. However, the strength of the Union and the bargaining power of the workers may decrease significantly if not all members participate.

Will I be paid for the period I engage in Protected Industrial Action?

No, you will not receive pay from your employer during the period in which you engage in Protected Industrial Action if the action is in the form of a ‘stoppage of work’ or a ‘strike’.

If the Protected Industrial Action is in the form of a partial work ban, then you will be paid unless your employer gives notice that they will dock your pay or refuse all work in response to the ban. Partial Work Bans are explained in more detail below.

If you are only engaged in a ban on overtime, your employer must still pay you for the hours you work.

Are there any consequences to engaging in Protected Industrial Action?

Your employer may choose to lock employees out, which means they will refuse to accept any work from the employees who participated in the action. If this happens, your employer must provide you with notice and you will not receive pay during the lockout period.

What is a Partial Work Ban?

A Partial Work Ban is a form of protected industrial action where employees refuse to perform specific duties or slow down the pace of their work. It does not include a complete refusal to attend work or perform any work, or an overtime ban.

An example of a partial work ban is when employees refuse to answer phones during their shift or use certain equipment.

What can my employer do if I engage in a Partial Work Bans?

If you engage in a Partial Work Ban your employer has several options, they can choose to:

  1. pay you for your normal hours of work; or
  2. give notice that your pay will be reduced by a reasonable percentage; or
  3. give notice that they will refuse to accept any work from you unless you are ready to perform all of your duties. The notice must be given one day before the action commences.

What is the effect of taking Unprotected Industrial Action?

Your employer will withhold a minimum of 4 hours wages from your pay if you engage in unprotected industrial action, even if the industrial action was less than 4 hours.

You may also be subject to disciplinary action by your employer and/or be sued for civil penalties and may be liable to pay damages for loss sustained because of the industrial action.