Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraphs 494 (7) (d) and 494 (8) (e) of the Act, a person to whom significant harm is reasonably likely to be caused by industrial action engaged in by an employer, employee or organisation of employees is prescribed.
Note Under subsection 494 (8) of the Act, an application for an order under subsection 494 (5), in relation to a contravention of subsection 494 (3) (under which an employer must not engage in industrial action against an employee whose employment is subject to an agreement or determination in certain circumstances), may be made by specified persons or a person prescribed by the regulations.
(2) For subregulation (1), in considering whether significant harm is reasonably likely to be caused by the industrial action, the Court may have regard to the following:
(a) if the person is an employee -- the extent to which the action affects the interests of the person as an employee;
(b) the extent to which the person is particularly vulnerable to the effects of the action;
(c) the extent to which the action threatens to:
(i) damage the ongoing viability of a business carried on by the person; or
(ii) disrupt the supply of goods or services to a business carried on by the person; or
(iii) reduce the person's capacity to fulfil a contractual obligation; or
(iv) cause other economic loss to the person;
(d) any other matters that the Court considers relevant.
Note 1 The criteria mentioned in subregulation (2) are the same as the criteria applied by the Commission for the purpose of considering whether industrial action is threatening to cause significant harm to a person for paragraph 433 (1) (d) of the Act.
Note 2 Under subsections 494 (4) and (5) of the Act:
(a) a breach of subsection 494 (3) is a civil remedy provision; and
(b) the Court will consider any application made by a person who claims to be covered by subregulation (1).