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Section : 406 Guide to this Part
Domain : Human Resource Management
Classification : Not Identified

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This Part deals mainly with industrial action by national system employees and national system employers. Division 2 sets out when industrial action for a proposed enterprise agreement is protected industrial action. No action lies under any law in force in a State or Territory in relation to protected industrial action except in certain circumstances. Division 3 provides that industrial action must not be organised or engaged in by certain persons before the nominal expiry date of an enterprise agreement or workplace determination has passed. Division 4 provides for FWA to make orders, in certain circumstances, that industrial action stop, not occur or not be organised for a specified period. Division 5 deals with injunctions against industrial action if a bargaining representative of an employee who will be covered by a proposed enterprise agreement is engaging in pattern bargaining. Division 6 provides for FWA to make orders suspending or terminating protected industrial action for a proposed enterprise agreement in certain circumstances. If FWA makes such an order, the action will no longer be protected industrial action. Division 7 provides for the Minister to make a declaration terminating protected industrial action for a proposed enterprise agreement in certain circumstances. If the Minister makes such an order, the action will no longer be protected industrial action.

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