Decide whether to seek an order suspending or terminating protected industrial action
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Organise the dates, the type of action and the harm figures the lawyer supplies under the factors in section 423(4), and separately under the life, safety, health, welfare and economy questions in section 424. The tool does not choose the ground and writes nothing that is filed.
- What the lawyer must review
- The lawyer decides whether section 423 or section 424 is the ground, whether the applicant has standing, and writes and lodges the application.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Organise the dates, the type of action and the harm figures the lawyer supplies under the factors in section 423(4), and separately under the life, safety, health, welfare and economy questions in section 424. The tool does not choose the ground and writes nothing that is filed. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Keep employee claim action, which must harm both the employer and employees, separate from response action, which must harm employees.
- For section 423, mark the protracted-period test and whether the dispute will not be resolved in the reasonably foreseeable future, and mark imminence if the harm is only threatened.
- For section 424, record that the Commission must, as far as practicable, determine the application within 5 days and must make an interim suspension order inside that period if it cannot.
Sources
- Fair Work Act 2009 (Cth) s 423 · 2026-10-22
- Fair Work Act 2009 (Cth) s 424 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.