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Section : Stop orders etc.
Domain : Human Resource Management
Classification : Not Identified
Text Content
(1) If it appears to FWA that industrial action by one or more non-national system employees or non-national system employers: (a) is: (i) happening; or (ii) threatened, impending or probable; or (iii) being organised; and (b) will, or would, be likely to have the effect of causing substantial loss or damage to the business of a constitutional corporation; FWA must make an order that the industrial action stop, not occur or not be organised (as the case may be) for a period specified in the order. Note: For interim orders, see section 420. (2) FWA may make the order: (a) on its own initiative; or (b) on application by either of the following: (i) a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action; (ii) an organisation of which a person referred to in subparagraph (i) is a member. (3) In making the order, FWA does not have to specify the particular industrial action. 368 Fair Work Act 2009 No. 28, 2009