Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 473

473 Power to grant injunctions

(1) On application by a person under section 474 , the commission may grant an injunction—

(a) to compel compliance with an industrial instrument, a permit or this Act; or

(b) to restrain or prevent a contravention, or continuance of a contravention, of an industrial instrument, a permit or this Act; or

(c) the commission considers appropriate for the prevention or settlement of an industrial dispute involving allegations of sexual harassment or sex or gender-based harassment.

(2) The injunction may apply to—

(a) the officers or members of an organisation generally; or

(b) particular officers or members of an organisation; or

(c) a particular employer; or

(d) a particular employee.

(3) The commission must decide how notice of, and service of the injunction on, each of the persons to whom the injunction applies must be given.

(4) Without limiting subsection (3) , the commission may order that the notice, and substituted service of the injunction, be given by advertisement.

(5) If a person to whom the injunction applies is given notice of the injunction, the person must comply with the injunction.

(6) If the injunction applies to an organisation, the organisation and each officer of the organisation must ensure the officers and members of the organisation comply with the injunction.

(7) If the officers or members, or a substantial number of the officers or members, of an organisation to whom an injunction applies contravene the injunction, the organisation and each officer of the organisation is taken to have failed to comply with the injunction.

(8) However, subsection (7) does not apply to the organisation or officer if the organisation or officer proves, on the balance of probabilities, that the organisation or officer took all reasonable steps to ensure the officers or members complied with the injunction.

(9) The commission can not grant an injunction for a proposed contravention of section 316 , 326 , 329 or 330 .

(10) In this section—

"injunction" includes an interim injunction.

"organisation" includes a branch of the organisation.