Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 424

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

Suspension or termination of protected industrial action

             (1)  FWA 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 FWA 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)  FWA 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;

                            (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, FWA must, as far as practicable, determine the application within 5 days after it is made.

Interim orders

             (4)  If FWA is unable to determine the application within that period, FWA 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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