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FAIR WORK ACT 2009 - SECT 417

Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc.

No industrial action

             (1)  A person referred to in subsection (2) must not organise or engage in industrial action from the day on which:

                     (a)  an enterprise agreement is approved by the FWC until its nominal expiry date has passed; or

                     (b)  a workplace determination comes into operation until its nominal expiry date has passed;

whether or not the industrial action relates to a matter dealt with in the agreement or determination.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  The persons are:

                     (a)  an employer, employee, or employee organisation, who is covered by the agreement or determination; or

                     (b)  an officer of an employee organisation that is covered by the agreement or determination, acting in that capacity.

Injunctions and other orders

             (3)  If a person contravenes subsection (1), the Federal Court or Federal Circuit Court may do either or both of the following:

                     (a)  grant an injunction under this subsection;

                     (b)  make any other order under subsection 545(1);

that the court considers necessary to stop, or remedy the effects of, the contravention.

             (4)  The court may grant an injunction under subsection (3) only on application by a person referred to in column 2 of item 14 of the table in subsection 539(2).

             (5)  Despite subsection 545(4), the court may make any other order under subsection 545(1) only on application by a person referred to in column 2 of item 14 of the table in subsection 539(2).

Note:          Section 539 deals with applications for orders in relation to contraventions of civil remedy provisions.



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