Suspension or termination if significant economic harm to employers or employees
240 Suspension or termination if significant economic harm to employers or employees
The commission may, on application by a person mentioned in subsection (3), make an order to suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in if satisfied of the following—
if section 233(2)(a) applies—the industrial action is causing, or threatening to cause, significant economic harm to—
an employer who will be covered by the proposed instrument; or
an employee who will be covered by the proposed instrument; or
if section 233(2)(b) applies—the industrial action is causing, or threatening to cause, significant economic harm to an employee who will be covered by the proposed instrument;
if the industrial action is threatening to cause significant economic harm—the harm is imminent;
the industrial action has been protracted;
the dispute about the terms of the proposed instrument will not be resolved in the reasonably foreseeable future.
For subsection (1)(a) and (b), the factors relevant to deciding whether protected industrial action is causing, or threatening to cause, significant economic harm to an employer or employee include the following—
the source, nature and degree of harm suffered or likely to be suffered;
the likelihood the harm will continue to be caused or will be caused;
the capacity of the employer or employee to bear the harm;
the views of the employer or employee;
the views of the negotiating parties for the proposed bargaining instrument;
whether the negotiating parties for the proposed instrument have met the requirement to negotiate in good faith under section 173;
if the commission is considering making an order to terminate the industrial action—
whether the negotiating parties are genuinely unable to reach agreement on the terms of the proposed instrument; and
whether there is any reasonable prospect of agreement being reached;
the objective of promoting and facilitating bargaining for the proposed instrument.
For subsection (1), an application may be made by—
a negotiating party for the proposed bargaining instrument; or
the Minister; or
a person prescribed by regulation.
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