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The Fair Work Ombudsman has issued a warning to tradies over unprotected protests

A warning has been issued to hundreds of tradies who are expected to put down their tools in solidarity with the embattled CFMEU, following the sacking of 270 union officials.

Monday, August 26 | Top stories | From the Newsroom

The Fair Work Ombudsman (FWO) has issued a warning to construction workers planning to walk off the job in solidarity with the CFMEU after 270 staff were sacked.

Several unions in Victoria are set to put down their tools at 11am on Tuesday in unprotected industrial action, according to the Herald Sun.

Hundreds of workers from the Building Industry Group of Unions (BIG), including members of the CFMEU, Australian Manufacturing Workers’ Union and the Electrical Trades Union will reportedly be involved in the action at the State Library.

Similar action is reportedly being planned across the country.

Hundreds of tradies are set to put down their tools in solidarity with the CFMEU on Tuesday. Picture: NCA NewsWire / Ian Currie
Hundreds of tradies are set to put down their tools in solidarity with the CFMEU on Tuesday. Picture: NCA NewsWire / Ian Currie

However the FWO has warned employers are legally required to dock pay by a minimum of four hours from employees who engage in unprotected industrial action.

“Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the FW Act. Any person ‘knowingly involved’ in a contravention of the FW Act is also taken to have contravened that provision,” a FWO spokesman said.

“Where an employee has engaged in unprotected industrial action, the employer is required under the FW Act to deduct a minimum of four hours wages from the employee, even if the industrial action was less than four hours.”

The spokesman added employers mustn’t “unreasonably refuse” annual leave requests, including to attend a protest.

“Employees also have protections against adverse action being taken against them including because they have a workplace right or because of a protected attribute including their political opinion,” the spokesman said.

The industrial action is unprotected. Picture: Glenn Campbell/NcaNewsWire
The industrial action is unprotected. Picture: Glenn Campbell/NcaNewsWire

Workplace Relations Minister Murray Watt reportedly acknowledged the right to protest but said the construction division of the CFMEU has gone into administration regardless of any industrial action.

“Construction work is hard, dangerous work, and construction workers deserve a union that is strong and effective but also is clean,” Senator Watt told the Herald Sun.

“I think that is in the interest of construction workers and the union movement more generally.”

The planned action follows the federal government placing the construction and general division of the CFMEU into administration.

The move resulted in 11 senior union officials across NSW, Victoria, Tasmania and Queensland branches losing their jobs, while 270 elected union officials were sacked from unpaid positions.

Attorney-General Mark Dreyfus made the announcement on Friday morning, declaring it was “in the public interest” to take the extraordinary stance against the union following allegations of endemic corruption and links to criminal gangs in its construction arm.

Originally published as The Fair Work Ombudsman has issued a warning to tradies over unprotected protests

Original URL: https://www.themercury.com.au/news/breaking-news/the-fair-work-ombudsman-has-issued-a-warning-to-tradies-over-unprotected-protests/news-story/68f1a0d4ecae8fdcdb47cba3cf2b8242