FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 428 Extension of a period of suspension

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 428

             (1)  FWA may make an order extending the period of suspension specified in an order (the suspension order ) suspending protected industrial action for a proposed enterprise agreement if:

                     (a)  the person who applied, or a person who could have applied, for the suspension order, applies for the extension; and

                     (b)  FWA has not previously made an order under this section in relation to the suspension order; and

                     (c)  FWA is satisfied that the extension is appropriate taking into account any matters FWA considers relevant including the matters specified in the provision under which the suspension order was made.

             (2)  If FWA is permitted to make an order under this section:

                     (a)  FWA must specify, in the order, the period of extension; and

                     (b)  FWA may specify, in the order, a longer period of notice of up to 7 working days for the purposes of paragraph 430(2)(b) if FWA is satisfied that there are exceptional circumstances justifying that longer period of notice.