Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 419

Stop orders etc.

  (1)   If it appears to the FWC 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;

the FWC 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)   The FWC 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, the FWC does not have to specify the particular industrial action.