Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_111:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 111 (pt 2/2)
Character Range: 462849–464527

unable to determine an application for an order under subsection (1) or (2) within the period referred to in subsection (5), the Commission must (within that period) make an interim order to stop and prevent engagement in, and organisation of, the industrial action referred to in subsection (1) or (2).

 (7) However, the Commission must not make such an interim order if the Commission is satisfied that it would be contrary to the public interest to do so.

 (8) An interim order is to have effect until the application is determined.

Commission does not have to specify the industrial action

 (9) In ordering under subsection (1), (2) or (6) that industrial action stop, not occur and not be organised, the Commission does not have to specify the particular industrial action.

Obligation to comply with orders

 (10) A person to whom an order under subsection (1), (2) or (6) is expressed to apply must comply with the order.

 (11) Subsection (10) is a civil remedy provision.

 (12) The Court may, on application by a person affected by an order of the Commission under subsection (1), (2) or (6), grant an injunction on such terms as the Court considers appropriate if it is satisfied that another person:
 (a) has engaged in conduct that constitutes a contravention of subsection (10); or
 (b) is proposing to engage in conduct that would constitute such a contravention.

Note: For other provisions about civil remedy provisions, see Division 4 of Part VIII.

Orders do not apply to protected action

 (13) An order under subsection (1), or under subsection (6) that relates to an application for an order under subsection (1), does not apply to protected action.