Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 496

Orders relating to action by federal‑system employees and employers

             (1)  If it appears to the Commission that industrial action by an employee or employees, or by an employer, that is not, or would not be, protected action:

                     (a)  is happening; or

                     (b)  is threatened, impending or probable; or

                     (c)  is being organised;

the Commission must make an order that the industrial action stop, not occur and not be organised.

Orders relating to action by non‑federal system employees and employers

             (2)  If it appears to the Commission that industrial action by a non‑federal system employee or non‑federal system employees, or by a non‑federal system employer:

                     (a)  is:

                              (i)  happening; or

                             (ii)  threatened, impending or probable; or

                            (iii)  being organised; and

                     (b)  will, or would, be likely to have the effect of causing substantial loss or damage to the business of a constitutional corporation;

the Commission must make an order that the relevant industrial action stop, not occur and not be organised.

             (3)  For the purposes of subsection (2), and other provisions of this Act as they relate to orders under that subsection:

                     (a)  non‑federal system employee means a person who is an employee, within the ordinary meaning of that word, but who is not covered by the definition of employee in subsection 5(1); and

                     (b)  non‑federal system employer means a person who is an employer, within the ordinary meaning of that word, but who is not covered by the definition of employer in subsection 6(1); and

                     (c)  section 420 (which defines industrial action ) applies as if references in that section to employees and employers were instead references to non‑federal system employees and non‑federal system employers.

Order may be made on application or on Commission's own initiative

             (4)  The Commission may make an order under subsection (1) or (2) on its own initiative, or on the application of:

                     (a)  a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action; or

                     (b)  an organisation of which a person referred to in paragraph (a) is a member.

Applications generally to be heard and determined within 48 hours

             (5)  As far as practicable, the Commission must hear and determine an application for an order under subsection (1) or (2) within 48 hours after the application is made.

Interim orders if applications cannot be heard and determined within 48 hours

             (6)  If the Commission is unable to determine an application for an order under subsection (1) or (2) within the period referred to in subsection (5), the Commission must (within that period) make an interim order to stop and prevent engagement in, and organisation of, the industrial action referred to in subsection (1) or (2).

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

             (8)  An interim order is to have effect until the application is determined.

Commission does not have to specify the industrial action

             (9)  In ordering under subsection (1), (2) or (6) that industrial action stop, not occur and not be organised, the Commission does not have to specify the particular industrial action.

Obligation to comply with orders

           (10)  A person to whom an order under subsection (1), (2) or (6) is expressed to apply must comply with the order.

           (11)  Subsection (10) is a civil remedy provision.

           (12)  The Court may, on application by a person affected by an order of the Commission under subsection (1), (2) or (6), grant an injunction on such terms as the Court considers appropriate if it is satisfied that another person:

                     (a)  has engaged in conduct that constitutes a contravention of subsection (10); or

                     (b)  is proposing to engage in conduct that would constitute such a contravention.

Note:          For other provisions about civil remedy provisions, see Division 3 of Part 14.

Orders do not apply to protected action

           (13)  An order under subsection (1), or under subsection (6) that relates to an application for an order under subsection (1), does not apply to protected action.