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s 241

Suspension or termination if life, property, health or welfare is endangered

In force
Chapter 4Collective bargaining
Part 8Protected industrial action
Division 4Suspension or termination by commission of protected industrial action

241 Suspension or termination if life, property, health or welfare is endangered

(1)

The commission must, on application by a person mentioned in subsection (2), suspend or terminate protected industrial action for a proposed bargaining instrument being engaged in, or threatened to be engaged in, if satisfied the industrial action has threatened, is threatening or would threaten—

(a)

to endanger the life, personal safety or health, or welfare of the State’s population or part of it; or

(b)

to cause significant damage to the State’s economy or an important part of it.

(2)

For subsection (1), an application may be made by—

(a)

a negotiating party for the proposed bargaining instrument; or

(b)

the Minister; or

(c)

a person prescribed by regulation.

(3)

The commission must, as far as practicable, decide an application under this section within 5 days after it is made.

(4)

If the commission is unable to decide the application in that time, the commission must, before the time ends, make an interim order to suspend the protected industrial action to which the application relates.

(5)

The interim order continues in force until the application is decided.

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