Section 422 — Fair Work Act 2009 (Cth)

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

(a) a person has applied for the injunction; and

(b) the requirement set out in subsection (2) is met.

(2) The court is satisfied that:

(a) employee claim action for a proposed enterprise agreement is being engaged in, or is threatened, impending or probable; and

(b) a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining in relation to the agreement.

Related sections

• 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 421 — Contravening an order etc.
• 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.
• s 425 — FWC must suspend protected industrial action—cooling off

Research how courts apply s 422

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