Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 44

Coercion of persons to make, vary, terminate etc. certified agreements etc.
(1)
A person must not:

(a) take or threaten to take any action; or
(b) refrain or threaten to refrain from taking any action;

with intent to coerce another person, or with intent to apply undue pressure to another person, to agree, or not to agree:

(c) to make, vary or terminate, or extend the nominal expiry date of, a building agreement under Division 2 or 3 of Part VIB of the Workplace Relations Act ; or
(d) to approve any of the things mentioned in paragraph (c).

Note: Grade A civil penalty.

(2)
Subsection (1) does not apply to action that is protected action for the purposes of the Workplace Relations Act (as affected by Part 3 of Chapter 5 of this Act).

(3)
An employer must not coerce, or attempt to coerce, an employee of the employer:

(a) not to make a request as mentioned in subsection 170LK(4) of the Workplace Relations Act in relation to a building agreement that the employer proposes to make; or
(b) to withdraw such a request.

Note: Grade A civil penalty.

(4)
An employer must not apply, or attempt to apply, undue pressure to an employee of the employer:

(a) not to make a request as mentioned in subsection 170LK(4) of the Workplace Relations Act in relation to a building agreement that the employer proposes to make; or
(b) to withdraw such a request.

Note: Grade A civil penalty.

(5)
Section 170NC of the Workplace Relations Act does not apply if the agreement referred to in that section is a building agreement.



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