Commonwealth Consolidated Acts

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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 134

Preconditions for making of orders

    The FWC must not make an order unless the FWC is satisfied that:

  (a)   the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:

  (i)   is preventing, obstructing or restricting the performance of work; or

  (ii)   is harming the business of an employer; or

  (b)   the consequences referred to in subparagraph   (a)(i) or (ii):

  (i)   have ceased, but are likely to recur; or

  (ii)   are imminent;

    as a result of such conduct or threatened conduct.


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