Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 418

  (1)   If it appears to the FWC that industrial action by one or more employees or employers that is not, or would not be, protected industrial action:

  (a)   is happening; or

  (b)   is threatened, impending or probable; or

  (c)   is being organised;

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 (the stop 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.

  (4)   If the FWC is required to make an order under subsection   (1) in relation to industrial action and a protected action ballot authorised the industrial action:

  (a)   some or all of which has not been taken before the beginning of the stop period specified in the order; or

  (b)   which has not ended before the beginning of that stop period; or

  (c)   beyond that stop period;

the FWC may state in the order whether or not the industrial action may be engaged in after the end of that stop period without another protected action ballot.