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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 50

Simplified outline of this Chapter

It is unlawful for a person to do something (or threaten to do something) intending to coerce another person:

       (a)     to employ a person, engage a contractor or allocate duties or responsibilities relating to building work; or

      (b)     in relation to the choice of superannuation fund for the superannuation contributions of a building employee; or

       (c)     to agree to make, vary or terminate a Commonwealth industrial instrument relating to building work.

It is also unlawful for a person to take action against a building employer because building employees are or are not covered by a Commonwealth industrial instrument.

However, action is only unlawful if the action is connected to a constitutionally-covered entity.

A court can make an order under Chapter 8 if a person is alleged to have taken unlawful action. Division 3 of Part 2 of Chapter 8 has rules relating to coercion. There are also rules relating to a person's reasons for action and to coercion in Division 2 of Part 2 of this Chapter.

An agreement (other than a Commonwealth industrial instrument) may be unenforceable if building employees who are not all employed in a single enterprise enter into the agreement to secure standard employment conditions in respect of building work that the employees carry out at a particular building site or sites.



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