While protected industrial action is lawful during bargaining for an enterprise agreement, there may be cases where the impact of that action on the parties or on third parties is so severe that it is in the public interest, or even potentially the interests of those engaging in the action, that the industrial action cease – at least temporarily.
The Explanatory Memorandum to the Fair Work Bill 2008 states that '[i]t is not intended that these mechanisms be capable of being triggered where the industrial action is merely causing an inconvenience. Nor is it intended that these mechanisms be used generally to prevent legitimate protected industrial action in the course of bargaining.'
 Explanatory Memorandum to Fair Work Bill 2008 at para. 1708.
 Explanatory Memorandum to Fair Work Bill 2008 at para. 1709.