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Section : 422 Injunction against industrial action if a bargaining representative is engaging in pattern bargaining
Domain : Human Resource Management
Classification : Not Identified
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(1) The Federal Court or Federal Magistrates Court may grant an injunction on such terms as the court considers appropriate if: (a) a person has applied for the injunction; and (b) the requirement set out in subsection (2) is met. (2) The court is satisfied that: (a) employee claim action for a proposed enterprise agreement is being engaged in, or is threatened, impending or probable; and (b) a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining in relation to the agreement. Chapter 3 Rights and responsibilities of employees, employers, organisations etc. Part 3-3 Industrial action Division 6 Suspension or termination of protected industrial action by FWA