FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 354 Coverage by particular instruments
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 354
Coverage by particular instruments(1) A person must not discriminate against an employer because:
(a) employees of the employer are covered, or not covered, by:
(i) provisions of the National Employment Standards; or
(ii) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or
(iii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation; or
(b) it is proposed that employees of the employer be covered, or not be covered, by:
(i) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or
(ii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation.
Note: This subsection is a civil remedy provision (see Part 4‑1).
(2) Subsection (1) does not apply to protected industrial action.