Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_51
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 51
Character Range: 958895–960787

51  Orders to stop or prevent industrial action

 (1) If it appears to the Commission that industrial action is happening, or is threatened, impending or probable, in relation to an industrial dispute about a matter referred to in subclause 29(2), the Commission may, by order, give directions that the industrial action stop or not occur.

 (2) The Commission may make such an order on its own initiative, or on the application of:
 (a) a party to the industrial dispute (if any); or
 (b) a person who is directly affected, or who is likely to be directly affected, by the industrial action; or
 (c) an organisation of which a person referred to in paragraph (b) is a member.

 (3) The Commission must hear and determine an application for an order under this clause as quickly as practicable.

 (4) The Commission may make an interim order under this clause.

 (5) An interim order made under subclause (4) ceases to have effect if the application is determined.

 (6) The powers conferred on the Commission by subclauses (1) and (4) are in addition to, and not in derogation of, the powers conferred on the Commission by the rest of this Schedule.

 (7) A person or organisation to whom an order under subclause (1) or (4) is expressed to apply must comply with the order.

 (8) The Court may, on the application of a person or organisation affected by an order under subclause (1) or (4), grant an injunction on such terms as the Court considers appropriate if it is satisfied that another person or organisation:
 (a) has engaged in conduct that constitutes a contravention of subclause (7); or
 (b) is proposing to engage in conduct that would constitute such a contravention.

 (9) If, in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subclause (8).

Part 4—Ballots ordered by Commission