With many QNMU members currently engaged in rallies calling for fairer wages and ratios provisions to be included in their Enterprise Agreement, it is important for members to be aware of their rights around protected industrial activity.

QNMU’s Enterprise Bargaining rallies are protected industrial activity

If the QNMU and your employer cannot agree on a fair enterprise agreement offer, QNMU members may decide to take protected industrial activity to persuade your employer to make a better offer. 

Protected industrial activity is when union members participate in or encourage an activity organised or promoted by a union (such as the QNMU).

Rallying outside your workplace during a meal break or outside work hours is considered protected industrial activity.

Other activity might include:

• asking patients/residents and the public to sign petitions
• posting messages on social media supporting a QNMU campaign message
• distributing flyers and displaying posters/stickers
• talking to co-workers about the campaign. 

It is important to note that if you do engage in industrial activity you are strongly protected by law.

Your employer cannot dismiss or disadvantage you in any way for engaging in this activity or indeed exercising any of your workplace rights. 

Can my employer penalise me for participating?

No. Under the Fair Work Act, union members have strong protections for participating in protected industrial activity supported by the QNMU.

This means that, in relation to your participation in protected industrial activity, they cannot legally:

• make unfair/sudden changes in rostering
• reduce your hours 
• treat you less favourably than other employees (discrimination)
• engage in a disciplinary investigation or warning, or anything that makes your employment less secure
• dismiss you
• or threaten to carry out any of these actions.

This sort of retaliation is called “adverse action” and employers found guilty of it could be liable for fines of up to $66 000 for employers and up to $13,200 for individual managers.

If you suspect an employer is engaging in this illegal behaviour because of your engagement in rallies or your union, contact the QNMU on (07) 3840 1444 or 1800 177 273 (toll free for outside Brisbane).

So, is protected industrial activity the same as protected industrial action?

No, they are different things. Protected industrial action is a much stronger form of protest. 

It is essentially union members doing something, or refusing to do something, which results in a ban, limitation, restriction or delay in them performing their work. 

It often costs an employer money or creates administrative difficulties including making extra work for management - but please note, QNMU requires extra care be taken to ensure your patients and resident are not endangered during this activity.

Protected industrial action may include things like bans on low priority work, safe work stoppages and bed closures. 

Taking this kind of action requires a ballot of union members in which more than 50 per cent of members must vote and more than 50 per cent of those who vote, vote yes to particular forms of action.
  
These actions can only be taken by union members, and only in support of their claims for enterprise bargaining. 

It is also worth noting that the adverse action laws that apply to protected industrial activity, also apply to protected industrial action.