Fair Work Commission

See Fair Work Act s.424

The Commission must make an order suspending or terminating protected industrial action that is being engaged in or is threatened, impending or probable, if satisfied that the protected industrial action has threatened, is threatening or would threaten:

• to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
• to cause significant damage to the Australian economy or an important part of it.

It has been established that the following terms are to be given their ordinary meanings.^[1] The following dictionary definitions have been adopted previously:

Threaten – constitute a threat to, be likely to injure, be a source or harm or danger.^[2]

Threat – a declaration of an intention to inflict pain, injury or other punishment.^[3]

References

^[1] Transit Australia Pty Ltd v Transport Workers' Union of Australia [2011] FWA 3410 (Asbury C, 31 May 2011) at para. 8.

^[2] Ambulance Victoria v Liquor, Hospitality and Miscellaneous Union [2009] FWA 44 (Kaufman SDP, 3 August 2009) at para. 29, [(2009) 187 IR 119]; see also University of South Australia v National Tertiary Education Industry Union [2009] FWA 1535 (O'Callaghan SDP, 4 December 2009) at para. 32.

^[3] Ambulance Victoria v Liquor, Hospitality and Miscellaneous Union [2009] FWA 44 (Kaufman SDP, 3 August 2009) at para. 30, [(2009) 187 IR 119].