QLDIn ForceAct
Industrial Relations Act 2016
sec.262Action on industrial dispute
Start here
Get a plain-English read of sec.262
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 2016.
### sec.262 Action on industrial dispute
This section applies if—
notice of a dispute has been given by a party under section 261 (2) ; or
whether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.
Subsection (1) (b) applies irrespective of whether the parties are attempting to resolve the dispute.
The commission may take the steps it considers appropriate for the prevention or prompt settlement of the dispute, by—
conciliation in the first instance; and
if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.
Without limiting subsection (3) , the commission may do 1 or more of the following—
direct any industrial action in relation to the dispute to stop or not happen;
make orders, or give directions, of an interlocutory nature;
exercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction;
make another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.
For proceedings for the dispute—
the commission may name a party to the dispute as having carriage of the proceedings; and
the party named has the carriage of the proceedings accordingly.
This section does not affect the operation of an industrial instrument that imposes a duty on a party to the instrument in relation to industrial disputes.
(sec.262-ssec.1) This section applies if— notice of a dispute has been given by a party under section 261 (2) ; or whether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.
(sec.262-ssec.2) Subsection (1) (b) applies irrespective of whether the parties are attempting to resolve the dispute.
(sec.262-ssec.3) The commission may take the steps it considers appropriate for the prevention or prompt settlement of the dispute, by— conciliation in the first instance; and if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.
(sec.262-ssec.4) Without limiting subsection (3) , the commission may do 1 or more of the following— direct any industrial action in relation to the dispute to stop or not happen; make orders, or give directions, of an interlocutory nature; exercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction; make another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.
(sec.262-ssec.5) For proceedings for the dispute— the commission may name a party to the dispute as having carriage of the proceedings; and the party named has the carriage of the proceedings accordingly.
(sec.262-ssec.6) This section does not affect the operation of an industrial instrument that imposes a duty on a party to the instrument in relation to industrial disputes.
- (a) notice of a dispute has been given by a party under section 261 (2) ; or
- (b) whether or not a notice of a dispute has been given under section 261 —the commission considers it is in the public interest to take action under this section in relation to the dispute.
- (a) conciliation in the first instance; and
- (b) if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute—arbitration.
- (a) direct any industrial action in relation to the dispute to stop or not happen;
- (b) make orders, or give directions, of an interlocutory nature;
- (c) exercise the commission’s powers under section 473 (whether or not application under that section has been made) to grant an interim injunction;
- (d) make another order or exercise another power the commission considers appropriate for the prevention of, or the prompt settlement of, the dispute.
- (a) the commission may name a party to the dispute as having carriage of the proceedings; and
- (b) the party named has the carriage of the proceedings accordingly.