Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 48

Injunction against unlawful industrial action or picket

             (1)  Any person may apply to a relevant court for an injunction under this section.

Note:          An authorised applicant may also apply under section 81 for an injunction.

             (2)  The court may grant an injunction in the terms the court considers appropriate if the court is satisfied that unlawful industrial action, or an unlawful picket, is:

                     (a)  occurring; or

                     (b)  threatened, impending or probable; or

                     (c)  being organised.

             (3)  The court may grant an interim injunction pending determination of an application under subsection (1) if the court is satisfied that it is desirable to do so.

             (4)  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.



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