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WORKPLACE RELATIONS ACT 1996 - SECT 804 Discrimination against employer in relation to industrial instruments

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 804

Discrimination against employer in relation to industrial instruments

             (1)  A person (the first person ) must not discriminate against another person (the second person ) on the ground that:

                     (a)  the employment of the second person's employees is covered, or is not covered, by:

                              (i)  the Australian Fair Pay and Conditions Standard; or

                             (ii)  a particular kind of industrial instrument; or

                            (iii)  an industrial instrument made with a particular person; or

                     (b)  it is proposed that the employment of the second person's employees be covered, or not be covered, by:

                              (i)  a particular kind of industrial instrument; or

                             (ii)  an industrial instrument made with a particular person.

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

Note:          See Division 9 for enforcement.

             (3)  Subsection (1) does not apply to conduct that is protected action (within the meaning of section 435).