See Fair Work Act s.418
If it appears to the Commission that unprotected industrial action by one or more employees or employers:
- is happening
- is threatened, impending or probable, or
- is being organised
the Commission must make an order that the industrial action stop, not occur or not be organised (as the case may be) for a period specified in the order (the stop period). Such an order may contain provisions that seek to achieve that purpose in direct terms, and additional terms that are necessary for, incidental to, or consequential upon the exercise of power for that purpose.
The Commission may make the order on its own initiative, or on application by:
- a person who is affected (whether directly or indirectly), or who is likely to be affected (whether directly or indirectly), by the industrial action, or
- an organisation of which a person who is affected is a member.
- In making the order, the Commission does not have to specify the particular industrial action, however the order must be directed at the industrial action (existing or potential) which has been identified, and be sufficient to disclose the legal operation of the order and provide sufficient certainty to allow compliance with it. The Commission's power to make orders is limited to the industrial action that is the subject of the application before it.
If the Commission is required to make an order stopping or preventing industrial action that was authorised by a protected action ballot:
- some or all of which has not been taken before the beginning of the stop period, or
- which has not ended before the beginning of that stop period, or
- beyond that stop period
- the Commission may state in the order whether another protected action ballot is required before the action can be engaged in after the end of that stop period.