FAIR WORK ACT 1994 - SECT 85

FAIR WORK ACT 1994 - SECT 85

85—SAET may release party from obligation to comply with enterprise agreement

        (1)         If an employer or employee bound by an enterprise agreement engages in industrial action in relation to a matter dealt with in the agreement, SAET may, on application by another person bound by the agreement who is affected by the industrial action, order that the applicant be released from the agreement or that the terms of the agreement be varied in a specified way.

        (2)         Subject to the terms of an enterprise agreement, SAET may, on application by a person bound by the agreement, include, omit or vary a term authorising the employer to stand down an employee.

        (3)         SAET may only make an order under this section if satisfied it is fair and reasonable to do so.