---
title: "Decide whether to seek an order suspending or terminating protected industrial action"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/decide-whether-to-seek-an-order-suspending-or-terminating-protected-indu"
type: "task"
site: "AI Law Framework"
id: "A15-QU20261022-2"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Decide whether to seek an order suspending or terminating protected industrial action

> 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.…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/decide-whether-to-seek-an-order-suspending-or-terminating-protected-indu  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: The lawyer decides whether section 423 or section 424 is the ground, whether the applicant has standing, and writes and lodges the application.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Keep employee claim action, which must harm both the employer and employees, separate from response action, which must harm employees.
2. 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.
3. 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.

## Notes

- 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.

## Sources

- [Fair Work Act 2009 (Cth) s 423](https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s423.html) (checked 2026-10-22)
- [Fair Work Act 2009 (Cth) s 424](https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s424.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/decide-whether-to-seek-an-order-suspending-or-terminating-protected-indu/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*