Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 426 — FWC must suspend protected industrial action—significant harm to a third party
Suspension of protected industrial action (1) The FWC must make an order suspending protected industrial action for a proposed enterprise agreement that is being engaged in if the requirements set…
Section 427 — FWC must specify the period of suspension
Application of this section (1) This section applies if the FWC is required or permitted by this Division to make an order suspending protected industrial action. Suspension period (2) The FWC must…
Section 428 — 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…
Section 429 — Employee claim action without a further protected action ballot after a period of suspension etc.
Application of this section (1) This section applies in relation to employee claim action for a proposed enterprise agreement if: (a) an order suspending the employee claim action has been made; and…
Section 430 — Notice of employee claim action engaged in after a period of suspension etc.
(1) Before a person engages in employee claim action for a proposed enterprise agreement as permitted by subsection 429(2), a bargaining representative of an employee who will be covered by the…
Section 431 — 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…
Section 432 — Informing people of declaration
(1) This section applies if the Minister makes a declaration under subsection 431(1). (2) The declaration must be published in the Gazette. (3) The Minister must inform the FWC of the making of the…
Section 433 — Ministerial directions to remove or reduce threat
(1) If a declaration under subsection 431(1) is in operation in relation to a proposed enterprise agreement, the Minister may give directions, in writing, requiring the following persons to take, or…
Section 434 — Contravening a Ministerial direction
A person to whom a direction under subsection 433(1) applies must not contravene the direction. Note: This section is a civil remedy provision (see Part 4-1).
Section 435 — Guide to this Division
This Division establishes the process that will allow employees to choose, by means of a fair and democratic secret ballot, whether to authorise protected industrial action for a proposed enterprise…
Section 436 — Object of this Division
The object of this Division is to establish a fair, simple and democratic process to allow a bargaining representative to determine whether employees wish to engage in particular protected industrial…
Section 437 — Application for a protected action ballot order
Who may apply for a protected action ballot order (1) A bargaining representative of an employee who will be covered by a proposed enterprise agreement, or 2 or more such bargaining representatives…
Section 437A — Application for a protected action ballot order—multi-enterprise agreements
(1) This section applies if: (a) an application is made under section 437 for a protected action ballot order in relation to a multi-enterprise agreement; and (b) the group or groups of employees…
Section 438 — Restriction on when application may be made
(1) If one or more enterprise agreements cover the employees who will be covered by the proposed enterprise agreement, an application for a protected action ballot order must not be made earlier than…
Section 439 — Joint applications
Without limiting section 609, the procedural rules may provide for the following: (a) how a provision of this Act that applies in relation to an applicant for a protected action ballot order is to…
Section 440 — Notice of application
Within 24 hours after making an application for a protected action ballot order, the applicant must give a copy of the application to: (a) the employer of the employees who are to be balloted; and…
Section 441 — Application to be determined within 2 days after it is made
(1) The FWC must, as far as practicable, determine an application for a protected action ballot order within 2 working days after the application is made. (2) However, the FWC must not determine the…
Section 442 — Dealing with multiple applications together
The FWC may deal with 2 or more applications for a protected action ballot order at the same time if: (a) the applications relate to industrial action by: (i) employees of the same employer; or (ii)…
Section 443 — When the FWC must make a protected action ballot order
(1) The FWC must make a protected action ballot order in relation to a proposed enterprise agreement if: (a) an application has been made under section 437; and (b) the FWC is satisfied that each…
Section 444 — Ballot agent and independent advisor
(1) This section applies if the FWC must make a protected action ballot order under subsection 443(1). Protected action ballot agent (1A) The FWC must, in accordance with subsections (1B) to (1D) of…
Section 445 — Notice of protected action ballot order
As soon as practicable after making a protected action ballot order, the FWC must give a copy of the order to: (a) each applicant for the order; and (b) the employer of the employees who are to be…
Section 446 — Protected action ballot order may require 2 or more protected action ballots to be held at the same time
(1) This section applies if: (a) the FWC has made a protected action ballot order; and (b) the FWC proposes to make another protected action ballot order or orders; and (c) the orders would require a…
Section 447 — Variation of protected action ballot order
(1) An applicant for a protected action ballot order may apply to the FWC to vary the order. (2) The protected action ballot agent for a protected action ballot may apply to the FWC to vary the…
Section 448 — Revocation of protected action ballot order
(1) An applicant for a protected action ballot order may apply to the FWC, at any time before voting in the protected action ballot closes, to revoke the order. (2) If an application to revoke a…
Section 448A — FWC must conduct conferences
(1) If the FWC has made a protected action ballot order in relation to a proposed enterprise agreement, the FWC must make an order directing the bargaining representatives for the agreement to attend…
Section 449 — Conduct of protected action ballot
(1) A protected action ballot must be conducted by the person or entity specified in the protected action ballot order as the protected action ballot agent for the ballot. (2) The protected action…
Section 450 — Directions for conduct of protected action ballot
(1) This section applies if the protected action ballot agent is not the Australian Electoral Commission. (2) The FWC must give the protected action ballot agent written directions in relation to the…
Section 451 — Timetable for protected action ballot
(1) This section applies if: (a) the protected action ballot agent is the Australian Electoral Commission; or (b) the FWC has directed the protected action ballot agent to comply with this section.…
Section 452 — Compilation of roll of voters
(1) This section applies if: (a) the protected action ballot agent is the Australian Electoral Commission; or (b) the FWC has directed the protected action ballot agent to comply with this section.…
Section 453 — Who is eligible to be included on the roll of voters
An employee is eligible to be included on the roll of voters for the protected action ballot only if: (a) the employee will be covered by the proposed enterprise agreement to which the ballot…
Section 454 — Variation of roll of voters
Variation by protected action ballot agent on request (1) Subsections (2) to (4) apply if: (a) the protected action ballot agent is the Australian Electoral Commission; or (b) the FWC has directed…
Section 455 — Protected action ballot papers
(1) The ballot paper for the protected action ballot must: (a) if a form is prescribed by the regulations—be in that form; and (b) include any information prescribed by the regulations. (2) Ballot…
Section 456 — Who may vote in protected action ballot
An employee may vote in the protected action ballot only if the employee’s name is on the roll of voters for the ballot.
Section 457 — Results of protected action ballot
(1) As soon as practicable after voting in the protected action ballot closes, the protected action ballot agent must, in writing: (a) make a declaration of the results of the ballot; and (b) inform…
Section 458 — Report about conduct of protected action ballot
Protected action ballot conducted by the Australian Electoral Commission (1) If: (a) the protected action ballot agent is the Australian Electoral Commission; and (b) the Commission: (i) receives any…
Section 459 — Circumstances in which industrial action is authorised by protected action ballot
(1) Industrial action by employees is authorised by a protected action ballot if: (a) the action was the subject of the ballot; and (b) at least 50% of the employees on the roll of voters for the…
Section 460 — Immunity for persons who act in good faith on protected action ballot results
(1) This section applies if: (a) the results of a protected action ballot, as declared by the protected action ballot agent for the ballot, purported to authorise particular industrial action; and…
Section 461 — Validity of protected action ballot etc. not affected by technical breaches
A technical breach of a provision of this Division does not affect the validity of any of the following: (a) a protected action ballot order; (b) an order, direction or decision of the FWC in…
Section 462 — Interferences etc. with protected action ballot
General (1) A person (the first person) must not do any of the following in relation to a protected action ballot: (a) hinder or obstruct the holding of the ballot; (b) use any form of intimidation…
Section 463 — Contravening a protected action ballot order etc.
(1) A person must not contravene: (a) a term of a protected action ballot order; or (b) a term of an order made by the FWC in relation to a protected action ballot order or a protected action ballot.…
Section 464 — Costs of protected action ballot conducted by the Australian Electoral Commission
(1) This section applies if the protected action ballot agent for a protected action ballot is the Australian Electoral Commission. (2) The Commonwealth is liable for the costs incurred by the…
Section 465 — Costs of protected action ballot conducted by protected action ballot agent other than the Australian Electoral Commission
(1) This section applies if the protected action ballot agent for a protected action ballot is not the Australian Electoral Commission. (2) The applicant for the protected action ballot order is…
Section 466 — Costs of legal challenges
(1) The regulations may provide for who is liable for costs incurred in relation to legal challenges to matters connected with a protected action ballot. (2) Regulations made for the purposes of…
Section 467 — Information about employees on roll of voters not to be disclosed
(1) A person who: (a) is the protected action ballot agent for a protected action ballot (other than the Australian Electoral Commission); or (b) is the independent advisor for a protected action…
Section 468 — Records
(1) The protected action ballot agent for a protected action ballot must keep the following ballot material: (a) the roll of voters for the ballot; (b) the ballot papers, envelopes and other…
Section 468A — Eligible protected action ballot agents
(1) Each of the following is an eligible protected action ballot agent: (a) the Australian Electoral Commission; (b) a person approved by the FWC under subsection (2). (2) For the purposes of…
Section 469 — Regulations
The regulations may provide for the following matters: (b) the procedures to be followed in relation to the conduct of a protected action ballot; (c) the form and content of the ballot paper for a…
Section 470 — Payments not to be made relating to certain periods of industrial action
(1) If an employee engaged, or engages, in protected industrial action against an employer on a day, the employer must not make a payment to an employee in relation to the total duration of the…
Section 471 — Payments relating to partial work bans
Employer gives notice of reduction in payments (1) If: (a) an employee engaged, or engages, in protected industrial action against an employer on a day; and (b) the industrial action is a partial…
Section 472 — Orders by the FWC relating to certain partial work bans
(1) The FWC may make an order varying the proportion by which an employee’s payments are reduced. (2) The FWC may make the order only if a person has applied for it under subsection (4). (3) In…