Commonwealth Consolidated Acts

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FWC must suspend protected industrial action--cooling off

  (1)   The FWC must make an order suspending protected industrial action for a proposed enterprise agreement that is being engaged in if the FWC is satisfied that the suspension is appropriate taking into account the following matters:

  (a)   whether the suspension would be beneficial to the bargaining representatives for the agreement because it would assist in resolving the matters at issue;

  (b)   the duration of the protected industrial action;

  (c)   whether the suspension would be contrary to the public interest or inconsistent with the objects of this Act;

  (d)   any other matters that the FWC considers relevant.

  (2)   The FWC may make the order only on application by:

  (a)   a bargaining representative for the agreement; or

  (b)   a person prescribed by the regulations.

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