Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 306S

  (1)   A person contravenes this section if:

  (a)   the person is an employer or a regulated host; and

  (b)   the person, either alone or with one or more other persons:

  (i)   enters into a scheme; or

  (ii)   begins to carry out a scheme; or

  (iii)   carries out a scheme; and

  (c)   the person does so for the sole or dominant purpose of preventing the FWC from making a regulated labour hire arrangement order   in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph   (b)); and

  (d)   as a result of that scheme or part of that scheme, the FWC is prevented from making the order.

Note:   This section is a civil remedy provision (see Part   4 - 1).

  (2)   In this section:

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.