The ban on payments being made to employees on a day they engage in protected industrial action does not apply to partial work bans.
The payment made to employees engaged in protected industrial action that is a partial work ban can be reduced by the Commission if the employer provides written notice to the employee. Apply using Form F39 for an order varying the proportion of the reduction of the employees payment.
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Have this information ready before you begin. You will need to tell us:
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Fill out the application. Attach the supporting documents we ask for.
Email your application to lodge@fwc.gov.au. You can also send or deliver your document to the Commission office near you.
You must include a copy of the written notice given by the employer to the employee.
You must send (‘serve’) a copy of your application to the employer ('respondent'). You must do this as soon as possible.
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After we receive your application, we will contact you to explain the next steps in the process.
Fair Work Act 2009: Section 472
Fair Work Commission Rules 2013: Rule 33