WORKPLACE RELATIONS ACT 1996 - SECT 810 Meaning of objectionable provision

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 810

             (1)  For the purposes of this Division, each of the following provisions (however it is described in the document concerned) is an objectionable provision :

                     (a)  a provision that requires or permits any conduct that would contravene this Part, or that would contravene this Part if Division 2 were disregarded;

                     (b)  a provision that directly or indirectly requires a person:

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

                             (ii)  to discourage another person from becoming, or remaining, a member of an industrial association;

                     (c)  a provision that indicates support for persons being members of an industrial association;

                     (d)  a provision that indicates opposition to persons being members of an industrial association;

                     (e)  a provision that requires or permits payment of a bargaining services fee to an industrial association.

             (2)  For the purpose of determining whether a provision is an objectionable provision, it does not matter whether that provision is void because of section 811.

             (3)  In this section:

"permits" includes:

                     (a)  purports to permit; and

                     (b)  has the effect of permitting; and

                     (c)  purports to have the effect of permitting.

"requires" includes:

                     (a)  purports to require; and

                     (b)  has the effect of requiring; and

                     (c)  purports to have the effect of requiring.