Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 422

Injunction against industrial action if a bargaining representative is engaging in pattern bargaining

             (1)  The Federal Court or Federal Circuit Court may grant an injunction on such terms as the court considers appropriate if:

                     (a)  a person has applied for the injunction; and

                     (b)  the requirement set out in subsection (2) is met.

             (2)  The court is satisfied that:

                     (a)  employee claim action for a proposed enterprise agreement is being engaged in, or is threatened, impending or probable; and

                     (b)  a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining in relation to the agreement.



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