Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 29

29. Section 188 of the Principal Act is repealed and the following section
substituted: Offences by organizations in relation to industrial action
''188. (1) An organization-

   (a)  shall not advise, encourage or incite an employer to take action in
        relation to a person that would, if taken, be a contravention of
        paragraph (aa) of sub-section (1), or paragraph (aa) of sub- section
        (1A), of section 5;

   (b)  shall not take, or threaten to take, industrial action against an
        employer with the intent to coerce the employer to take action in
        relation to a person that would, if taken, be a contravention of
        paragraph (aa) of sub-section (1), or paragraph (aa) of sub- section
        (1A), of section 5;

   (c)  shall not take, or threaten to take, any action having the effect,
        directly or indirectly, of prejudicing a person in his employment with
        the intent to coerce the person to join in industrial action;

   (d)  shall not impose, or threaten to impose, a penalty, forfeiture or
        disability of any kind upon a member of the organization with the
        intent to coerce the member to join in industrial action; or

   (e)  shall not impose or threaten to impose, a penalty, forfeiture or
        disability of any kind upon a member of the organization by reason of
        the circumstance that the member has refused or failed to join in
        industrial action.

''(2) A contravention of sub-section (1) is an offence against that
sub-section punishable, upon conviction, by-

   (a)  where the action constituting the offence has continued for more than
        a day-a penalty not exceeding a fine of $400 for each day during which
        that action has continued; or

   (b)  in any other case-a penalty not exceeding a fine of $400.

''(3) In any proceedings for an offence against sub-section (1), if all the
relevant facts and circumstances, other than the reason or intent of an action
alleged in the charge, are proved, it lies upon the person charged to prove
that that action was not actuated by that reason or taken with that intent.

''(4) For the purposes of this section, an action taken by-

   (a)  the committee of management of an organization;

   (b)  the committee of management of a branch of an organization;

   (c)  an officer, employee or agent of an organization;

   (d)  a group of members of an organization; or

   (e)  a member of an organization who performs the function of dealing with
        an employer on behalf of himself and other members of the
        organization, shall be deemed to have been taken by the
        organization.''.