When is the deadline for written notice of employee claim action (protected industrial action)?
The catalogue records a 3 working-days period from the day on which the 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 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 414(2)(b): a protected action ballot order may specify a longer period of notice. Section 443(5): the FWC may specify a longer period of up to 7 working days if satisfied there are exceptional circumstances justifying it. There is no power to abridge below 3 working days (or 120 hours for a multi-enterprise agreement).
- 'Working day' is defined in FW Act s 12 as 'a day that is not a Saturday, a Sunday or a public holiday'. This is a minimum-notice period counted backwards from the start of the action, so no rollover applies. Section 414(3): the notice must not be given until after the ballot results have been declared. Section 414(6): the notice must specify the nature of the action and the day it will start. Section 430(2)(b) applies a parallel 3-working-day notice (extendable to 7 working days under s 427(3)) for action resumed after a period of suspension.