Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 45

             (1)  A person (the first person ) must not discriminate against another person (the second person ) on the ground that:

                     (a)  the employment of the second person's building employees is covered, or is not covered, by:

                              (i)  a particular kind of industrial instrument; or

                             (ii)  an industrial instrument made with a particular person; or

                            (iii)  a particular preserved Australian Pay and Classification Scale; or

                            (iv)  the Australian Fair Pay and Conditions Standard; or

                             (v)  the National Employment Standards; or

                     (b)  it is proposed that the employment of the second person's building employees be covered, or not be covered, by:

                              (i)  a particular kind of industrial instrument; or

                             (ii)  an industrial instrument made with a particular person; or

                            (iii)  a particular preserved Australian Pay and Classification Scale; or

                            (iv)  the Australian Fair Pay and Conditions Standard; or

                             (v)  the National Employment Standards.

Note:          Grade A civil penalty.

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

             (3)  Subsection (1) does not apply to conduct by the first person if:

                     (a)  the conduct occurs in relation to:

                              (i)  a proposed agreement between the first person and the second person under which the second person would carry out building work or arrange for building work to be carried out; or

                             (ii)  a proposed variation of an agreement between the first person and the second person under which the second person carries out building work or arranges for building work to be carried out; and

                     (b)  the conduct is engaged in solely for the purpose of encouraging the second person to have particular eligible conditions in an industrial instrument that covers employees of the second person.

             (4)  Subsection (1) does not apply unless:

                     (a)  the industrial instrument referred to in that section is an award, transitional award, workplace agreement, pre‑reform certified agreement, pre‑reform AWA or fair work instrument; or

                     (b)  the first person is an organisation or a constitutional corporation; or

                     (c)  the second person is a constitutional corporation; or

                     (d)  the conduct occurs in a Territory or Commonwealth place.