WORKPLACE RELATIONS ACT 1996 - SECT 433 Suspension of bargaining periods--significant harm to third party

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 433

Suspension if industrial action threatens significant harm to a person

             (1)  The Commission must, by order, suspend a bargaining period for a period specified in the order if:

                     (a)  industrial action is being taken in respect of the proposed collective agreement; and

                     (b)  an application for the bargaining period to be suspended under this section is made to the Commission by or on behalf of:

                              (i)  an organisation, person or body directly affected by the action (other than a negotiating party); or

                             (ii)  the Minister; and

                     (c)  the Commission considers that the action is adversely affecting the employer or employees of the employer; and

                     (d)  the Commission considers that the action is threatening to cause significant harm to any person (other than a negotiating party); and

                     (e)  the Commission considers that the suspension is appropriate, having regard to:

                              (i)  whether suspending the bargaining period would be contrary to the public interest or inconsistent with the objects of this Act; and

                             (ii)  any other matters that the Commission considers relevant.

             (2)  For the purposes of paragraph (1)(d), in considering whether the action is threatening to cause significant harm to a person, the Commission 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 Commission considers relevant.

Period of suspension

             (3)  The period of suspension specified in the order must be a period that the Commission considers appropriate. The period of suspension (as extended under subsection (4), if applicable) must not exceed 3 months.

Extension of suspension

             (4)  The Commission must, by order, extend the period of suspension by a specified period that the Commission considers appropriate if:

                     (a)  an application for the period of suspension to be extended is made to the Commission by or on behalf of:

                              (i)  an organisation, person or body directly affected by the action (other than a negotiating party); or

                             (ii)  the Minister; and

                     (b)  the Commission considers that the extension is appropriate, having regard to the matters referred to in paragraphs (1)(c), (d) and (e).

             (5)  The Commission must not make an order under subsection (4) extending the period of suspension if that period has previously been extended.

Negotiating parties must be given opportunity to be heard

             (6)  The Commission must not make an order under subsection (1) or (4) unless it has given the negotiating parties the opportunity to be heard.

Commission to inform negotiating parties that they may submit matters at issue for alternative dispute resolution

             (7)  If the Commission makes an order under subsection (1) or (4), the Commission must send each of the negotiating parties a notice informing the negotiating parties that they may agree to submit the matters at issue to an alternative dispute resolution process conducted by the Commission or another provider (see Part 13).

Extension of notice period required by subsection 434(3)

             (8)  In an order under subsection (1) or (4), the Commission may, if it is satisfied, in relation to any industrial action that might be taken (by virtue of section 434) after the end of the period of suspension, that there are exceptional circumstances justifying the period of written notice required by subsection 434(3) being longer than 3 days, specify a longer period, of up to 7 days.