Section 431 — Fair Work Act 2009: Ministerial declaration terminating industrial action

(1) The Minister may make a declaration, in writing, terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that: (a) the industrial action is being engaged in, or is threatened, impending or probable; and (b) the industrial action is threatening, or would threaten: (i) to endanger the life, the personal safety or health, or the welfare, of the population or a part of it; or (ii) to cause significant damage to the Australian economy or an important part of it. (2) The declaration comes into operation on the day that it is made. (3) A declaration under subsection (1) is not a legislative instrument.