Fair Work Commission

Ministerial declarations

See Fair Work Act ss.431–434

The Federal Minister for Industrial Relations may make a declaration, in writing, terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that:

• the industrial action is being engaged in, or is threatened, impending or probable, and
• the industrial action is threatening, or would threaten:
  • to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
  • to cause significant damage to the Australian economy or an important part of it.

A Ministerial declaration terminating protected industrial action for a proposed enterprise agreement:

• comes into operation on the day that it is made, and
• is not a legislative instrument.

Informing people of declaration

If the Minister makes a declaration terminating protected industrial action for a proposed enterprise agreement:

• the declaration must be published in the Gazette
• the Minister must inform the Commission of the making of the declaration, and
• the Minister must, as soon as practicable, take all reasonable steps to ensure that the bargaining representatives for the proposed enterprise agreement concerned are made aware:
  • of the making of the declaration, and
  • of the effect of Part 2–5 of the Fair Work Act (which deals with workplace determinations).

Ministerial directions to remove or reduce threat

If a declaration terminating protected industrial action for a proposed enterprise agreement is in operation, the Minister may give directions, in writing, requiring the following persons to take, or refrain from taking, specified actions:

• specified bargaining representatives for the proposed enterprise agreement, or
• specified employees who will be covered by the proposed enterprise agreement.

The Minister may only give directions that the Minister is satisfied are reasonably directed to removing or reducing the threat:

• to endanger the life, the personal safety or health, or the welfare, of the population or a part of it, or
• to cause significant damage to the Australian economy or an important part of it.

A Ministerial direction to remove or reduce threat is not a legislative instrument.

Contravening a Ministerial direction

A person to whom a Ministerial direction applies must not contravene the direction.