WORKPLACE RELATIONS ACT 1996 - SECT 488 Limits on challenges etc. to ballot orders etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 488

             (1)  An order of the Commission that a person hold a protected action ballot, and any order, direction or decision of the Commission in connection with the order:

                     (a)  is final and conclusive; and

                     (b)  must not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court on any ground; and

                     (c)  is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground;

unless subsection (2) applies to the order or decision.

             (2)  This subsection applies to an order for a protected action ballot, or to an order, direction or decision of the Commission in connection with the order, if:

                     (a)  in proceedings relating to the order, direction or decision, as the case requires, a person claims that another person or persons:

                              (i)  contravened this Division, or an order or direction of the Commission under this Division, if the contravention is not merely a technical breach; or

                             (ii)  misled the Commission (whether by a false statement or by an omission) in such a way as to affect the order, direction or decision; and

                     (b)  the court is satisfied that there are reasonable grounds for the claim.