See Fair Work Act s.425
The Commission must make an order suspending protected industrial action for a proposed enterprise agreement that is being engaged in if the Commission is satisfied that the suspension is appropriate taking into account the following matters:
- whether the suspension would be beneficial to the bargaining representatives for the agreement because it would assist in resolving the matters at issue
- the duration of the protected industrial action
- whether the suspension would be contrary to the public interest or inconsistent with the objects of the Fair Work Act,
- any other matters that the Commission considers relevant.
The Commission may make the order only on application by:
- a bargaining representative for the agreement, or
- a person prescribed by the Fair Work Regulations.
Note: The Fair Work Regulations do not currently prescribe any additional persons.