When is the deadline for fwc determination of a s 424 application to suspend or terminate protected industrial action?
The catalogue records a 5 days period from the day the application under s 424 is made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 5 days
- Trigger
- the day the application under s 424 is made
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Qualified by 'as far as practicable'. Section 424(4): if the FWC is unable to determine the application within that period it must, within that period, make an interim order suspending the protected industrial action to which the application relates until the application is determined; the interim order continues in operation until the application is determined (s 424(5)).
- Added on verification: a tribunal performance obligation, included for parity with the s 420 and s 441 entries already in this catalogue. Calendar days, not working days: contrast s 441(1), which uses working days. Verified against the Fair Work Act 2009 compilation in force 1 July 2026.