Section 421 — Fair Work Act 2009 (Cth)

Contravening orders

(1) A person to whom an order under section 418, 419 or 420 applies must not contravene a term of the order.

Note: This subsection is a civil remedy provision (see Part 4‑1).

(2) However, a person is not required to comply with an order if:

(a) the order is an order under section 418, or an order under section 420 that relates to an application for an order under section 418; and

(b) the industrial action to which the order relates is, or would be, protected industrial action.

Injunctions

(3) The Federal Court or Federal Circuit and Family Court of Australia (Division 2) may grant an injunction, under this subsection, on such terms as the court considers appropriate if:

(a) a person referred to in column 2 of item 15 of the table in subsection 539(2) has applied for the injunction; and

(b) the court is satisfied that another person to whom the order applies has contravened, or proposes to contravene, a term of the order.

Note: Section 539 deals with applications for orders in relation to contraventions of civil remedy provisions.

No other orders

(4) Section 545 (which deals with orders that a court can make if a person has contravened etc. a civil remedy provision) does not apply to a contravention of a term of the order.

Related sections

• 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 420 — Interim orders 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.
• s 424 — FWC must suspend or terminate protected industrial action—endangering life etc.

Research how courts apply s 421

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