When is the deadline for notice of employee claim action resumed after a period of suspension?
The catalogue records a 3 working-days period from the day on which the resumed industrial action will start (counting backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 working-days
- Trigger
- the day on which the resumed industrial action will start (counting backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 430(2)(b): the FWC may specify a longer period of notice in an order made under s 427(3) or s 428(2)(b) suspending, or extending the suspension of, the protected industrial action. There is no power to abridge below 3 working days.
- Added on verification: a distinct provision from s 414, applying where a protected action ballot has already authorised the action and the action resumes after a suspension period ends or the suspension order is revoked (s 429). Note that s 430(2)(a) is a flat 3 working days with NO 120-hour multi-enterprise variant, unlike s 414(2)(a). 'Working day' means a day that is not a Saturday, a Sunday or a public holiday (FW Act s 12). This is a minimum-notice period counted backwards from the start of the action, so no rollover applies. Section 430(3) requires the notice to state the nature of the action and the day on which it will start. Verified against the Fair Work Act 2009 compilation in force 1 July 2026.