Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 46

             (1)  A person (the first person ) must not:

                     (a)  take, or threaten to take, any action (the relevant action ); or

                     (b)  refrain, or threaten to refrain, from taking action (the relevant action );

with intent:

                     (c)  to coerce a building employee to nominate a particular superannuation fund or scheme to receive the employee's superannuation contributions; or

                     (d)  to coerce a building employer to pay the employer's superannuation contributions in respect of building employees to a particular superannuation fund or scheme.

Note:          Grade A civil penalty.

             (2)  Subsection (1) does not apply if the relevant action is, or would be, protected industrial action (as affected by Part 3 of Chapter 5).

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

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

                     (b)  paragraph (1)(d) applies and the building employer referred to in that paragraph is a constitutional corporation; or

                     (c)  paragraph (1)(d) applies and the building employer referred to in that paragraph is the Commonwealth or a Commonwealth authority; or

                     (d)  the relevant action occurs, or would occur, in a Territory or Commonwealth place.