Section 419 — Fair Work Act 2009 (Cth)

Stop orders etc.

(1) If it appears to the FWC that industrial action by one or more non‑national system employees or non‑national system employers:

(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 FWC must make an order that the industrial action stop, not occur or not be organised (as the case may be) for a period specified in the order.

Note: For interim orders, see section 420.

(2) The FWC may make the order:

(a) on its own initiative; or

(b) on application by either of the following:

(i) a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action;

(ii) an organisation of which a person referred to in subparagraph (i) is a member.

(3) In making the order, the FWC does not have to specify the particular industrial action.

Related sections

• s 416A — Employer response action does not affect continuity of employment
• s 417 — Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc.
• s 418 — FWC must order that industrial action by employees or employers stop etc.
• s 420 — Interim orders etc.
• s 421 — Contravening an order etc.
• s 422 — Injunction against industrial action if a bargaining representative is engaging in pattern bargaining

Research how courts apply s 419

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.