Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 420

Interim orders etc.

Application must be determined within 2 days

  (1)   As far as practicable, the FWC must determine an application for an order under section   418 or 419 within 2 days after the application is made.

Interim orders

  (2)   If the FWC is unable to determine the application within that period, the FWC must, within that period, make an interim order that the industrial action to which the application relates stop, not occur or not be organised (as the case may be).

  (3)   However, the FWC must not make the interim order if the FWC is satisfied that it would be contrary to the public interest to do so.

  (4)   In making the interim order, the FWC does not have to specify the particular industrial action.

  (5)   An interim order continues in operation until the application is determined.


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