Section 431 — Fair Work Act 2009 (Cth)

(1) The Minister may make a declaration, in writing, terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that:

(a) the industrial action is being engaged in, or is threatened, impending or probable; and

(b) the industrial action is threatening, or would threaten:

(i) to endanger the life, the personal safety or health, or the welfare, of the population or a part of it; or

(ii) to cause significant damage to the Australian economy or an important part of it.

(2) The declaration comes into operation on the day that it is made.

(3) A declaration under subsection (1) is not a legislative instrument.

Related sections

• 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.
• s 432 — Informing people of declaration
• s 433 — Ministerial directions to remove or reduce threat
• s 434 — Contravening a Ministerial direction

Research how courts apply s 431

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