Section 419 — Fair Work Act 2009: FWC must order that industrial action by non-national system employees or non-national system employers stop etc.
Text of the provision Official document
Stop orders etc. (1) If it appears to the FWC that industrial action by one or more non-national system employees or non-national system employers: (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 FWC must make an order that the industrial action stop, not occur or not be organised (as the case may be) for a period specified in the order. Note: For interim orders, see section 420. (2) The FWC may make the order: (a) on its own initiative; or (b) on application by either of the following: (i) a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action; (ii) an organisation of which a person referred to in subparagraph (i) is a member. (3) In making the order, the FWC does not have to specify the particular industrial action.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →