Industrial Relations Act 2016

The full bench may make an order under section 479 only if—

the full bench considers conciliation proceedings would not help in the prevention or settlement of the dispute; or

conciliation proceedings for the dispute are completed, but the dispute has not been fully settled.

Also, the full bench may make the order only if it is satisfied—

the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation is—

preventing, obstructing or restricting the performance of work; or

harming an employer’s business; or

preventing, obstructing or restricting negotiations or discussion between the employer and another organisation or the employer and the employer’s employees; or

an organisation to which the order would relate, or an officer, member or employee of the organisation, has made or is making representations directed at employees about the organisation having rights, functions or powers in relation to employees under this Act that the organisation does not have; or

the consequences or representations mentioned in paragraph (a) or (b)—

have stopped, but are likely to recur as a result of the conduct or threatened conduct; or

are imminent as a result of the conduct or threatened conduct.