Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_111:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 111 (pt 1/2)
Character Range: 460303–463092

111  Orders and injunctions against industrial action—general

Orders relating to action by federal‑system employees and employers

 (1) If it appears to the Commission that industrial action by an employee or employees, or by an employer, that is not, or would not be, protected action:
 (a) is happening; or
 (b) is threatened, impending or probable; or
 (c) is being organised;
the Commission must make an order that the industrial action stop, not occur and not be organised.

Orders relating to action by non‑federal system employees and employers

 (2) If it appears to the Commission that industrial action by a non‑federal system employee or non‑federal system employees, or by a non‑federal system employer:
 (a) is:
 (i) happening; or
 (ii) threatened, impending or probable; or
 (iii) being organised; and
 (b) will, or would, be likely to have the effect of causing substantial loss or damage to the business of a constitutional corporation;
the Commission must make an order that the relevant industrial action stop, not occur and not be organised.

 (3) For the purposes of subsection (2), and other provisions of this Act as they relate to orders under that subsection:
 (a) non‑federal system employee means a person who is an employee, within the ordinary meaning of that word, but who is not covered by the definition of employee in subsection 4AA(1); and
 (b) non‑federal system employer means a person who is an employer, within the ordinary meaning of that word, but who is not covered by the definition of employer in subsection 4AB(1); and
 (c) section 106A (which defines industrial action) applies as if references in that section to employees and employers were instead references to non‑federal system employees and non‑federal system employers.

Order may be made on application or on Commission's own initiative

 (4) The Commission may make an order under subsection (1) or (2) on its own initiative, or on the application of:
 (a) a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action; or
 (b) an organisation of which a person referred to in paragraph (a) is a member.

Applications generally to be heard and determined within 48 hours

 (5) As far as practicable, the Commission must hear and determine an application for an order under subsection (1) or (2) within 48 hours after the application is made.

Interim orders if applications cannot be heard and determined within 48 hours

 (6) If the Commission is 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,