Section 427 — Fair Work Act 2009 (Cth)

Application of this section

(1) This section applies if the FWC is required or permitted by this Division to make an order suspending protected industrial action.

Suspension period

(2) The FWC must specify, in the order, the period for which the protected industrial action is suspended.

Notice period

(3) The FWC may specify, in the order, a longer period of notice of up to 7 working days for the purposes of paragraph 430(2)(b) if the FWC is satisfied that there are exceptional circumstances justifying that longer period of notice.

Related sections

• s 424 — FWC must suspend or terminate protected industrial action—endangering life etc.
• s 425 — FWC must suspend protected industrial action—cooling off
• s 426 — FWC must suspend protected industrial action—significant harm to a third party
• s 428 — Extension of a period of suspension
• s 429 — Employee claim action without a further protected action ballot after a period of suspension etc.
• s 430 — Notice of employee claim action engaged in after a period of suspension etc.

Research how courts apply s 427

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