Commonwealth Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 54

             (1)  A person must not:

                     (a)  organise or take, or threaten to organise or 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 a building enterprise agreement; or

                     (d)  to approve any of the things mentioned in paragraph (c).

Note 1:       See also Division 2 (reason for action and coercion).

Note 2:       Grade A civil penalty.

             (2)  Subsection (1) does not apply to protected industrial action.

             (3)  An employer must not coerce, or attempt to coerce, an employee of the employer in relation to who is to be, or is not to be, the employee's bargaining representative for a proposed enterprise agreement.

Note:          Grade A civil penalty.

             (4)  An employer must not apply, or attempt to apply, undue pressure to an employee of the employer in relation to who is to be, or is not to be, the employee's bargaining representative for a proposed enterprise agreement.

Note:          Grade A civil penalty.

             (5)  To the extent that section 343 of the FW Act relates to:

                     (a)  the making, varying or terminating of an enterprise agreement; or

                     (b)  the appointment, or termination of appointment, of a bargaining representative for a proposed enterprise agreement;

that section does not apply if the agreement is a building enterprise agreement.