Industrial Action — Teaching Service

Overview

As part of the enterprise bargaining process, Unions (or other bargaining representatives that represent employees) may initiate protected industrial action in support of their claims (for example, stop work action, bans and limitations).

For comprehensive policy and information concerning the management of industrial action in schools, refer to the policy and guidelines tab.

Related policies

• Grievances — Teaching Service
• Overpayments

Relevant legislation

• Delegations
• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment

Contact information

• Contact HR

Policy and Guidelines

Managing Industrial Action in Schools

These Guidelines (last updated 14 July 2026) contain the following chapters:

• Introduction
• Duty of care
• Employee obligations
• Managing Industrial Action - Stop work action
• Managing Industrial Action - Bans or limitations
• Unprotected industrial action

Introduction

As part of the enterprise bargaining process, Unions (or other bargaining representatives that represent employees) may initiate protected industrial action in support of their claims (for example, stop work action, bans and limitations).

Duty of care

Principals, teachers and employees that work with students, have a legal duty of care with regard to the physical wellbeing of students in their charge. For information in relation to the legal duty of care, refer to the Department of Education’s (the department’s) Duty of Care Policy at https://www2.education.vic.gov.au/pal/duty-of-care/policy.

The engagement in industrial action of any form, type or duration does not absolve of their duty of care obligations. Where any form of industrial action poses a risk of reasonably foreseeable harm to students (for example, if the result would be that there are not enough teachers working at school to safely supervise students), it is the responsibility of the principal, teachers and other school employees who work with students, to ensure that other adequate and appropriate arrangements are made to maintain a reasonable duty of care, prior to the taking of that action.

Failure of a school employee to ensure that adequate and appropriate arrangements are made for students' care, health, safety and wellbeing at school may result in a breach of duty of care and legal liability for negligence, should any harm or injury occur as a result. While the department will usually indemnify its employees in any legal proceedings brought by students where the employee was properly performing their duties, exceptional circumstances apply where the department will not do so. It is possibly that the engagement in industrial action without taking reasonable steps to protect students from harm may be considered as falling within those exceptional circumstances; see the Personal Liability of School Employees Policy at https://www2.education.vic.gov.au/pal/personal-liability-school-employees/policy.

Principals should direct employees that take protected industrial action that is stop work action to leave the school premises. While principals and teachers (or other employees who work with students) remain on premises during normal school operations, their duty of care obligation to students may continue to apply regardless of whether they are exercising protected industrial action or not.

Employee obligations

An employee participating in protected industrial action, other than stop work action, is expected to undertake all of their normal duties, except those duties or tasks that are the subject of the protected industrial action

It is expected that employees will not discuss the merits of an industrial dispute with students or to involve them in any way in a dispute (for example, the distribution of handbills).

Meetings of parents and carers at the school are not to be used as forums for furthering the union's industrial campaign.

An employee is not to use the resources of the department, school or students to produce and/or distribute material that is not in connection with their official duties.

Only members of the Union or those represented by the bargaining representative who initiated the action are eligible to participate in protected industrial action. Should any other employee participate in industrial action, that action will be treated as unprotected industrial action.

Managing Industrial Action - Stop work action

The role of the principal

Where stop work action occurs at a school, the principal should ensure that:

• there is at least one Victorian Institute of Teaching (VIT) registered employee available to supervise students attending school
• all students present are supervised with priority given to primary school aged children, where both parents/carers (or one parent/carer in the case of a single parent/carer household) are critical service workers who are unable to make alternative arrangements and children experiencing vulnerability, including children in out-of-home care.
• normal school programs are maintained wherever possible
• no student is sent home during school hours unless the parent/guardian collects the child from the school premises
• the disruption to parents and students is kept to a minimum, and
• all employees on duty are able to perform their professional duties free from intimidation

During periods of stop work action, principals are authorised to:

• make any special time-tabling or other arrangements necessary for the day
• make any necessary and appropriate adjustments to class sizes and scheduled duties and extras, provided that such adjustments are not in breach of any legislative or other employment obligations

To achieve this, principals can:

• engage causal relief teachers. (a casual relief teacher must be employed for a minimum period of 3 hours). The cost of employing casual relief teachers will be met by the department).
• consult with regional contacts to establish if region or central based employee with VIT registration are available to assist with student supervision,
• consult with colleagues to establish if employee from nearby schools are available to assist.
• make any special timetabling or other arrangements necessary for the day.
• make any necessary and appropriate adjustments to class sizes and scheduled duties and extras provided that such adjustments are not in breach of any legislative or other employment obligations.
• advise the regional director if suitable arrangements cannot be made.

Principals taking stop work action

Where a principal intends to participate in stop work action, the principal must notify the regional director at least 48 hours before the stop work action is scheduled to take place. This notification should include the name and classification of the person (who must be a person registered with the VIT identified by the principal to have the responsibility for the operation of the school during the period of the stop work. Should there be no suitable person available, the principal must notify the regional director of arrangements to be put in place for the safety and supervision of students.

Notification requirements

School employees intending to participate in stop work action are expected to advise their principal of their intention to participate in that action at least 48 hours before the stop work action is scheduled to take place. This notification should include the time and duration of that action to enable the principal to make arrangements for those students.

Notification to parents

In the case of stop work action, principals are required to notify parents and carers no later than the day before the stop work action is scheduled to take place. Principals should inform parents and carers of the duration of the stop work action and that appropriate supervision of students will be provided at the school for those who attend. In the event that students are to be dismissed, it is the responsibility of the principal to make appropriate arrangements for any students who attend in circumstances where parents are unable to provide adequate care at home.

Recording absences due to stop work action

Principals are required to ensure that all employee absences as a result of stop work action are promptly processed on eduPay. Such absences do not count as service for any purpose. Advice will be provided on each occasion on the steps required to enter employee and student absences.

Student attendance

All reasonable steps should be taken to ensure that schools remain open during stop work action.

In making arrangements to manage stop work action, principals should plan for as many students as possible to be in attendance at their school for the whole day, particularly students of compulsory school age.

Principals should take into account:

• the number of teachers that will remain on duty
• the availability of casual relief teachers

Priority is to be given to students in the following categories:

• Primary school aged children where both parents/carers (or one parent/carer in the case of a single parent/carer household) are critical service workers who are unable to make alternative arrangements
• Children experiencing vulnerability, including children in out-of-home care.

Student dismissal

Principals are responsible for ensuring that adequate supervision is provided to students. In circumstances where there are insufficient resources available to supervise students for the duration of the stop work action, the principal is to seek advice from the regional director. The dismissal of students should only be considered where:

• alternative resources, including casual relief teachers, are not available
• the school is able to give parents notification the day before any stop work action is scheduled that students will not be required to attend

When there has been no opportunity to inform parents, students are not to be dismissed from school or left unsupervised in classrooms or the school grounds.

Reporting requirements

Principals will be advised when they are required to report to the department on the impact of stop work action at their school. Principals will be advised on each occasion of the information required to be reported and will be provided a link to the reporting site.

Managing Industrial Action – Bans or limitations

Industrial action may take many forms including placing bans or limitations on undertaking particular duties or tasks.

The role of the principal

Where there is industrial action in the form of bans or limitations at the school, the principal is responsible for ensuring the educational program continues to run with as minimal disruption as possible.

Principals participating in bans or limitations

Where a principal intends to participate in bans or limitations, the principal must notify the regional director of their participation in the industrial action. The regional direction will determine what, if any, impact this participation has on the operations of the school and particularly any child safety risk.

Recording absences due to bans or limitations

There is no requirement to report employees that participate in industrial bans or limitations except where that ban or limitation involves an employee stopping work. Where an employee who participates in a ban or limitation does stop work, that absence is to be reported in accordance with the previous chapter, Managing Industrial Action – Stop work action.

Employees who participate in any bans or limitations not authorised by a Union may be engaging in unprotected industrial action. Principals should contact the People and Workplace Relations (Schools) Division for advice at workplace.relations@education.vic.gov.au.

Notification to parents

Principals may consider advising the parent community of current work bans and limitations that may impact parents, for example, with respect to student reports.

Student attendance

It is unlikely that employee participation in work bans or limitations would result in student dismissal. Where principals consider that student dismissal may be necessary as a result of bans or limitations, the principal should contact their regional director and advise them of this. The regional direction will determine what, if any, impact this participation has on the operations of the school and particularly any child safety risk.

Principals may also contact the People and Workplace Relations (Schools) Division for advice at workplace.relations@education.vic.gov.au.

Reporting requirements

Unless otherwise requested by the department, principals are not required to report on work bans or limitations unless the department advises otherwise. Principals will be advised on each occasion of the information required to be reported and will be provided a link to the reporting site

Unprotected industrial action

Unprotected industrial action is any industrial action that does not meet the requirements of the Fair Work Act 2009 for protected industrial action.

Unprotected industrial action is not authorised.

Where unprotected industrial action occurs, principals must:

• take immediate steps to ensure student supervision and safety
• notify their regional director as soon as practicable
• implement contingency arrangements to maintain essential operations

Where an employee participates or intends to participate in unprotected industrial action that is not authorised via a protected action ballot, principals should contact the People and Workplace Relations (Schools) Division for advice at workplace.relations@education.vic.gov.au.

Resources

Procedures and forms

eduPay Absences User Guide — information on processing absences on the payroll is available at https://eduvic.sharepoint.com/sites/eduPay/SitePages/HR-Admin-about-absences.aspx(staff login required)

Information on current industrial action can be found on theEnterprise Bargaining page at https://www2.education.vic.gov.au/pal/enterprise-bargaining/overview