Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 431

Ministerial declaration terminating industrial action

  (1)   The Minister may make a declaration, in writing, terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that:

  (a)   the industrial action is being engaged in, or is threatened, impending or probable; and

  (b)   the industrial action is threatening, or would threaten:

  (i)   to endanger the life, the personal safety or health, or the welfare, of the population or a part of it; or

  (ii)   to cause significant damage to the Australian economy or an important part of it.

  (2)   The declaration comes into operation on the day that it is made.

  (3)   A declaration under subsection   (1) is not a legislative instrument.



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