s 422
In forceInjunction against industrial action if a bargaining representative is engaging in pattern bargaining
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-3Industrial action
Division 5Injunction against industrial action if pattern bargaining is being engaged in
422 Injunction against industrial action if a bargaining representative is engaging in pattern bargaining
(1)
The Federal Court or Federal Circuit and Family Court of Australia (Division 2) may grant an injunction on such terms as the court considers appropriate if:
(a)
a person has applied for the injunction; and
(b)
the requirement set out in subsection (2) is met.
(2)
The court is satisfied that:
(a)
employee claim action for a proposed enterprise agreement is being engaged in, or is threatened, impending or probable; and
(b)
a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining in relation to the agreement.
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