Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 44

             (1)  A person must not:

                     (a)  take or threaten to take any action; or

                     (b)  refrain or threaten to refrain from taking any action;

with intent to coerce another person, or with intent to apply undue pressure to another person, to agree, or not to agree:

                     (c)  to make, vary or terminate, or extend the nominal expiry date of, a building enterprise agreement; or

                     (d)  to approve any of the things mentioned in paragraph (c).

Note:          Grade A civil penalty.

             (2)  Subsection (1) does not apply to action that is protected industrial action (as affected by Part 3 of Chapter 5 of this Act).

             (3)  An employer must not coerce, or attempt to coerce, an employee of the employer in relation to who is to be, or is not to be, the employee's bargaining representative.

Note:          Grade A civil penalty.

             (4)  An employer must not apply, or attempt to apply, undue pressure to an employee of the employer in relation to who is to be, or is not to be, the employee's bargaining representative.

Note:          Grade A civil penalty.

             (5)  To the extent that section 343 of the FW Act relates to:

                     (a)  the making, varying or terminating of an enterprise agreement; or

                     (b)  the appointment, or termination of appointment, of a bargaining representative for an enterprise agreement;

that section does not apply if the agreement is a building enterprise agreement.