WORKPLACE RELATIONS ACT 1996 - SECT 796 Industrial associations acting against employers

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 796

             (1)  An industrial association, or an officer or member of an industrial association, must not organise or take, or threaten to organise or take, industrial action against an employer because the employer is an officer or member of an industrial association.

             (2)  Subsection (1) is a civil remedy provision.

Note:          See Division 9 for enforcement.

             (3)  An industrial association, or an officer or member of an industrial association, must not organise or take, or threaten to organise or take, industrial action against an employer with intent to coerce the employer:

                     (a)  to become an officer or member of an industrial association; or

                     (b)  to remain an officer or member of an industrial association; or

                     (c)  not to become an officer or member of an industrial association; or

                     (d)  to cease to be an officer or member of an industrial association; or

                     (e)  to pay a fee (however described) to an industrial association.

             (4)  Subsection (3) is a civil remedy provision.

Note:          See Division 9 for enforcement.

             (5)  An industrial association, or an officer or member of an industrial association, must not:

                     (a)  advise, encourage or incite an employer; or

                     (b)  organise or take, or threaten to organise or take, industrial action against an employer with intent to coerce the employer;

to take action in relation to a person that would, if taken, contravene subsection 792(1).

             (6)  Subsection (5) is a civil remedy provision.

Note:          See Division 9 for enforcement.

             (7)  An industrial association, or an officer or member of an industrial association, must not, because a member of the association has refused or failed to comply with a direction given by the association:

                     (a)  advise, encourage or incite an employer; or

                     (b)  organise or take, or threaten to organise or take, industrial action against an employer with intent to coerce the employer;

to prejudice the member in the member's employment or possible employment.

             (8)  Subsection (7) is a civil remedy provision.

Note:          See Division 9 for enforcement.