INDUSTRIAL ACTION – suspension of protected industrial action – endangering life – s.424 Fair Work Act 2009 – application for an order to suspend or terminate protected industrial action (PIA) – decision further to Reasons for Decision issued on 5 April 2016 [[2016] FWC 2090] – application sought orders from Commission that would suspend PIA for a period of three months – whether the interim order made on 3 April 2016 should now be replaced with a final order [PR578646] – protected action ballot order issued by Commission on 8 May 2015 [PR567171] – Commission found the PIA action as notified and taken was very significant, bearing in mind that it was suspended for five days after the Brussels terrorism attacks, and then terminated within a week of it being resumed – PIA had its serious effects because the Australian Border Force (ABF) had the required advance notification of when and where industrial action ‘might’ take place, but not much more – while it satisfies the legislated requirements, the uncertainty surrounding what will occur, and when and where, creates a very large risk for the ABF – Commission satisfied that ABF will have difficulty in properly discharging its functions with a continuation of PIA – increased risk of criminal or terrorist opportunistic behaviours – satisfied the PIA has threatened, is threatening, or would threaten to endanger the life, personal safety or health, or the welfare, of the population or of part of it – appropriate for Commission to make an order suspending the PIA for the period sought by the applicant – the most recent interim order of the Commission to be revoked and replaced with one requiring the suspension of PIA for 90 days from the date of the original interim order. Commonwealth of Australia (represented by the Department of Immigration and Border Protection) v CPSU, the Community and Public Sector Union
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