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Section : Suspension or termination of protected industrial action
Domain : Human Resource Management
Classification : Not Identified
Text Content
Requirement-significant economic harm (2) If the protected industrial action is employee claim action, FWA must be satisfied that the action is causing, or is threatening to cause, significant economic harm to: (a) the employer, or any of the employers, that will be covered by the agreement; and (b) any of the employees who will be covered by the agreement. (3) If the protected industrial action is: (a) employee response action; or (b) employer response action; FWA must be satisfied that the action is causing, or is threatening to cause, significant economic harm to any of the employees who will be covered by the agreement. (4) For the purposes of subsections (2) and (3), the factors relevant to working out whether protected industrial action is causing, or is threatening to cause, significant economic harm to a person referred to in those subsections, include the following: (a) the source, nature and degree of harm suffered or likely to be suffered; (b) the likelihood that the harm will continue to be caused or will be caused; (c) the capacity of the person to bear the harm; 372 Fair Work Act 2009 No. 28, 2009