Section 428 — Fair Work Act 2009: Extension of a period of suspension

(1) The FWC may make an order extending the period of suspension specified in an order (the suspension order) suspending protected industrial action for a proposed enterprise agreement if: (a) the person who applied, or a person who could have applied, for the suspension order, applies for the extension; and (b) the FWC has not previously made an order under this section in relation to the suspension order; and (c) the FWC is satisfied that the extension is appropriate taking into account any matters the FWC considers relevant including the matters specified in the provision under which the suspension order was made. (2) If the FWC is permitted to make an order under this section: (a) the FWC must specify, in the order, the period of extension; and (b) the FWC may specify, in the order, a longer period of notice of up to 7 working days for the purposes of paragraph 430(2)(b) if the FWC is satisfied that there are exceptional circumstances justifying that longer period of notice.