Fair Work Commission

The Fair Work Commission has the power to make orders terminating or suspending protected industrial action. In some circumstances, the Commission has discretion whether to exercise this power. In other circumstances, the Commission is compelled to exercise this power.

The suspension of protected industrial action by the Commission is a suspension of the protection or immunity which attaches to the industrial action under the Fair Work Act 2009 (Cth) (the Fair Work Act).^[1]

Once a determination is made by the Commission that suspension is appropriate, the order that is required to be made is one which suspends, for the duration of the order, the protection attaching to any industrial action.^[2]

Protected industrial action may be resumed after any period of suspension, but will be subject to any requirements for the giving of notice before any action may be taken.^[3]

References

^[1] The Maritime Union of Australia v Patrick Stevedores Holdings Pty Ltd [2016] FWCFB 711 (Hatcher VP, Catanzariti VP, Bull DP, 8 February 2016) at para. 35; citing National Tertiary Education Industry Union v University of South Australia [2010] FWAFB 1014 (Boulton J, Ives DP, Gay C, 14 April 2010) at para. 11, [(2010) 194 IR 30].

^[2] The Maritime Union of Australia v Patrick Stevedores Holdings Pty Ltd [2016] FWCFB 711 (Hatcher VP, Catanzariti VP, Bull DP, 8 February 2016) at para. 37.

^[3] Explanatory Memorandum to Fair Work Bill 2008 at para. 1706.