Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 425

FWA must suspend protected industrial action--cooling off

             (1)  FWA must make an order suspending protected industrial action for a proposed enterprise agreement that is being engaged in if FWA is satisfied that the suspension is appropriate taking into account the following matters:

                     (a)  whether the suspension would be beneficial to the bargaining representatives for the agreement because it would assist in resolving the matters at issue;

                     (b)  the duration of the protected industrial action;

                     (c)  whether the suspension would be contrary to the public interest or inconsistent with the objects of this Act;

                     (d)  any other matters that FWA considers relevant.

             (2)  FWA may make the order only on application by:

                     (a)  a bargaining representative for the agreement; or

                     (b)  a person prescribed by the regulations.

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