Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 53

Prohibition on coercion

53. Prohibition on coercion



(1) A person must not coerce or attempt to coerce another person-

   (a)  not to make, or to withdraw, a request under section 43; or

   (b)  in the conduct of negotiations concerning a designated work group or
        groups (including negotiations for a variation of an agreement) under
        Division 1 or 2; or

   (c)  in relation to the other person being represented in such
        negotiations.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.

(2) The Magistrates' Court may grant an injunction requiring a person not to
contravene or to cease contravening subsection (1).

(3) If a court convicts a person or finds a person guilty of an offence
against subsection (1), the court may make any order that it considers
appropriate relating to the validity of all or part of an agreement under
Division 1 or 2 (as the case may be).

Division 4-Health and safety representatives