what is non protected action under workchoices legislation?

Answer 1

The best answer to this would be that it is action that is not protected by the legislation.

For example:
It should be pointed out that the AIRC does not have the power to arbitrate or make orders about protected action - the right of the AIRC to intervene however has always existed in respect of non-protected action such as industry-wide strikes, going right back to 1904. Under this Bill, the Commission would be less able to intervene in industry-wide strikes if protected action is manipulated to extend industry-wide. (However they would still have the power under section 170MW to end a bargaining period). This would be a major change in Australian industrial relations law.

Conclusion: non-protected actions include strikes

source: http://www.aph.gov.au/Senate/committee/eet_ctte/completed_inquiries/1999-02/wrab2000/report/d06.doc

Compare with 'protected action' as

A ‘protected action’ is an action engaged in by an eligible organisation or employee who is connected with a negotiating party ‘for the purposes of advancing claims made in respect of a proposed [certified] agreement [or AWA].’ The negotiation must precede industrial action and cannot be taken in concert with parties that are not undertaking a protected action.
source: http://www.aph.gov.au/library/Pubs/bd/2002-03/03bd033.htm

Answer 2

you should talk to your lawyer