422Injunction against industrial action if a bargaining representative is engaging in pattern bargaining

422 Injunction against industrial action if a bargaining representative is engaging in pattern bargaining

(1) The Federal Court or Federal Circuit and Family Court of Australia (Division 2) may grant an injunction on such terms as the court considers appropriate if:

(a) a person has applied for the injunction; and

(b) the requirement set out in subsection (2) is met.

(2) The court is satisfied that:

(a) employee claim action for a proposed enterprise agreement is being engaged in, or is threatened, impending or probable; and

(b) a bargaining representative of an employee who will be covered by the agreement is engaging in pattern bargaining in relation to the agreement.