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Industrial Action

Protected Action Ballots

The repealed Industrial Relations Act 1999 (the repealed Act) required a protected action ballot to be conducted by employees, or an employee organisation for industrial action taken in relation to negotiation of a proposed certified agreement.

Protected action ballot orders (PABO) were first obtained from the Queensland Industrial Relations Commission (QIRC).

Protected action ballots were then conducted only by the Electoral Commission of Queensland (ECQ) in accordance with the PABO, the timetable for the ballot and any procedures prescribed by regulation.

The ECQ publishes all Notices to eligible employees and results of ballots on the ECQ website.

The Industrial Relations Act 2016 (the Act) allows for a continuation of the protected action ballot process under the repealed Act.

This process applies if:

(1)    a PABO application was not decided immediately before the commencement; or

(2)    a PABO was made under the repealed Act in relation to the proposed agreement and immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.

Chapter 6 and schedule 4 of the repealed Act continues to apply in the circumstances of either deciding a PABO application mentioned in (1) above and if the application is granted, conducting the protected action ballot or conducting the protected action ballot mentioned in (2) above.

Protected industrial action may be taken in relation to the proposed agreement under the repealed Act.

There is no extension of the 30-day period specified in the repealed Act.

The transitional provisions of the Act do not prevent protected industrial action being taken for the proposed agreement under the Industrial Relations Act 2016.


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