WORKPLACE RELATIONS ACT 1996 - SECT 797 Industrial associations acting against employees etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 797

             (1)  An industrial association, or an officer or member of an industrial association, must not take, or threaten to take, action having the effect, directly or indirectly, of prejudicing a person in the person's employment, or prospective employment, with intent:

                     (a)  to coerce the person to join in industrial action; or

                     (b)  to dissuade or prevent the person from making an application to an industrial body for an order under an industrial law for the holding of a secret ballot.

             (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:

                     (a)  take, or threaten to take, action having the effect, directly or indirectly, of prejudicing a person in the person's employment or prospective employment; or

                     (b)  advise, encourage or incite a person to take action having the effect, directly or indirectly, of prejudicing another person in the other person's employment or prospective employment;

for any of the following reasons, or for reasons that include any of the following reasons:

                     (c)  the person has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee;

                     (d)  the person is, has been, proposes to become, or has at any time proposed to become, an officer or member of an industrial association;

                     (e)  the person is not, does not propose to become or proposes to cease to be, a member of an industrial association;

                      (f)  the person has not paid, has not agreed to pay, or does not propose to pay, a fee (however described) to an industrial association;

                     (g)  the person has refused or failed to join in industrial action;

                     (h)  the person has made, or proposes to make, any inquiry or complaint to a person or body having the capacity under an industrial law to seek:

                              (i)  compliance with that law; or

                             (ii)  the observance of a person's rights under an industrial instrument.

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

Note:          See Division 9 for enforcement.