Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 424

FWC must suspend or terminate protected industrial action--endangering life etc.

Suspension or termination of protected industrial action

             (1)  The FWC must make an order suspending or terminating protected industrial action for a proposed enterprise agreement that:

                     (a)  is being engaged in; or

                     (b)  is threatened, impending or probable;

if the FWC is satisfied that the protected industrial action has threatened, is threatening, or would threaten:

                     (c)  to endanger the life, the personal safety or health, or the welfare, of the population or of part of it; or

                     (d)  to cause significant damage to the Australian economy or an important part of it.

             (2)  The FWC may make the order:

                     (a)  on its own initiative; or

                     (b)  on application by any of the following:

                              (i)  a bargaining representative for the agreement;

                             (ii)  the Minister;

                           (iia)  if the industrial action is being engaged in, or is threatened, impending or probable, in a State that is a referring State as defined in section 30B or 30L--the Minister of the State who has responsibility for workplace relations matters in the State;

                           (iib)  if the industrial action is being engaged in, or is threatened, impending or probable, in a Territory--the Minister of the Territory who has responsibility for workplace relations matters in the Territory;

                            (iii)  a person prescribed by the regulations.

Application must be determined within 5 days

             (3)  If an application for an order under this section is made, the FWC must, as far as practicable, determine the application within 5 days after it is made.

Interim orders

             (4)  If the FWC is unable to determine the application within that period, the FWC must, within that period, make an interim order suspending the protected industrial action to which the application relates until the application is determined.

             (5)  An interim order continues in operation until the application is determined.



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