Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_134
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 134
Character Range: 188284–189221

134  Preconditions for making of orders

 (1) The Commission must not make an order unless:
 (a) it has decided under section 100 of the Workplace Relations Act not to refer the dispute for conciliation; or
 (b) a conciliation proceeding in relation to the dispute is completed (within the meaning of section 103 of the Workplace Relations Act), but the dispute has not been fully settled.

 (2) The Commission must not make an order unless the Commission is satisfied that:
 (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:
 (i) is preventing, obstructing or restricting the performance of work; or
 (ii) is harming the business of an employer; or
 (b) the consequences referred to in subparagraph (a)(i) or (ii):
 (i) have ceased, but are likely to recur; or
 (ii) are imminent;
  as a result of such conduct or threatened conduct.