Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 39

Injunction against unlawful industrial action
(1)
If, on application by the ABC Commissioner or any other person, an appropriate court is satisfied that unlawful industrial action is:

(a) occurring; or
(b) threatened, impending or probable;

then the court may grant an injunction in such terms as the court considers appropriate.

(2)
If, in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

(3)
The power of the court to grant an injunction restraining a person (the defendant ) from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the defendant intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the defendant has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any person if the defendant engages in conduct of that kind.

(4)
In this section:

"appropriate court" means the Federal Court, the Federal Magistrates Court, a Supreme Court of a State or Territory or a District Court, or County Court, of a State.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback