Section 420 — Fair Work Act 2009 (Cth)

Application must be determined within 2 days

(1) As far as practicable, the FWC must determine an application for an order under section 418 or 419 within 2 days after the application is made.

Interim orders

(2) If the FWC is unable to determine the application within that period, the FWC must, within that period, make an interim order that the industrial action to which the application relates stop, not occur or not be organised (as the case may be).

(3) However, the FWC must not make the interim order if the FWC is satisfied that it would be contrary to the public interest to do so.

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

(5) An interim order continues in operation until the application is determined.

Related sections

• 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 419 — FWC must order that industrial action by non‑national system employees or non‑national system employers stop etc.
• s 421 — Contravening an order etc.
• s 422 — Injunction against industrial action if a bargaining representative is engaging in pattern bargaining
• s 423 — FWC may suspend or terminate protected industrial action—significant economic harm etc.

Research how courts apply s 420

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