(1)

A person (the first person ) must not:

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

with intent:

(c) to coerce a building employee to nominate a particular superannuation fund or scheme to receive the employee's superannuation contributions; or
(d) to coerce a building employer to pay the employer's superannuation contributions in respect of building employees to a particular superannuation fund or scheme.

Note: Grade A civil penalty.

(2)

Subsection (1) does not apply if the relevant action is, or would be, protected action for the purposes of the Workplace Relations Act (as affected by Part 3 of Chapter 5).

(3)

Subsection (1) does not apply unless:

(a) the first person is an organisation or a constitutional corporation; or
(b) paragraph (1)(d) applies and the building employer referred to in that paragraph is a constitutional corporation; or
(c) paragraph (1)(d) applies and the building employer referred to in that paragraph is the Commonwealth or a Commonwealth authority; or
(d) the relevant action occurs, or would occur, in a Territory or Commonwealth place.