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WORKPLACE RELATIONS ACT 1996 - SECT 799 Industrial associations acting against independent contractors etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 799

Industrial associations acting against independent contractors etc.

             (1)  In this section:

"discriminatory action" , in relation to an eligible person, means:

                     (a)  a refusal to make use of, or to agree to make use of, services offered by the eligible person; or

                     (b)  a refusal to supply, or to agree to supply, goods or services to the eligible person; or

                     (c)  threatening to refuse as mentioned in paragraph (a) or (b).

"eligible person" means a person who is not an employee, but who:

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

                     (b)  would be eligible to become a member of an industrial association if he or she were an employee.

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

                     (a)  advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person because the eligible person, or any person employed or engaged by the eligible person:

                              (i)  is, has been, proposes to become or has at any time proposed to become, a member of an industrial association; or

                             (ii)  is not, proposes not to become or proposes to cease to be, a member of an industrial association; or

                            (iii)  is a member of an industrial association who has refused or failed to comply with a direction given by the association; or

                            (iv)  has not paid, or does not propose to pay, a fee (however described) to an industrial association; or

                             (v)  has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek compliance with that law; or

                            (vi)  has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek the observance of a person's rights under an industrial instrument; or

                     (b)  take, or threaten to take, industrial action against a person (whether an employer or not) with intent to coerce the person to take discriminatory action against an eligible person because the eligible person, or any person employed or engaged by the eligible person:

                              (i)  is, has been, proposes to become or has at any time proposed to become, a member of an industrial association; or

                             (ii)  is not, proposes not to become or proposes to cease to be, a member of an industrial association; or

                            (iii)  is a member of an industrial association who has refused or failed to comply with a direction given by the association; or

                            (iv)  has not paid, or does not propose to pay, a fee (however described) to an industrial association; or

                             (v)  has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek compliance with that law; or

                            (vi)  has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek the observance of a person's rights under an industrial instrument; or

                     (c)  take, or threaten to take, industrial action against an eligible person with intent to coerce the eligible person, or any person employed or engaged by the eligible person:

                              (i)  to become, or to remain, a member of an industrial association; or

                             (ii)  not to become, or not to remain, a member of an industrial association; or

                            (iii)  to comply with a direction given by the association.

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

Note:          See Division 9 for enforcement.

             (4)  For the avoidance of doubt, nothing in subsection (2) prevents an industrial association from entering into an agreement or arrangement with another person for the supply of goods or services to members of the industrial association (including the supply on particular terms or conditions).

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

                     (a)  advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person for a prohibited reason; or

                     (b)  take, or threaten to take, industrial action against a person (whether an employer or not) with intent to coerce the person to take discriminatory action against an eligible person for a prohibited reason; or

                     (c)  take, or threaten to take, industrial action against an eligible person for a prohibited reason.

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

Note:          See Division 9 for enforcement.

             (7)  Conduct mentioned in subsection (5) is carried out for a prohibited reason if it is carried out because the eligible person concerned has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee.