Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 793

             (1)  Conduct referred to in subsection 792(1) or (5) is for a prohibited reason if it is carried out because the employee, independent contractor or other person concerned:

                     (a)  is, has been, proposes to become or has at any time proposed to become an officer, delegate or member of an industrial association; or

                     (b)  is not, does not propose to become or proposes to cease to be, a member of an industrial association; or

                     (c)  in the case of a refusal to engage another person as an independent contractor--has one or more employees who are not, or do not propose to become, members of an industrial association; or

                     (d)  has not paid, or does not propose to pay, a fee (however described) to an industrial association; or

                     (e)  has refused or failed to join in industrial action; or

                      (f)  in the case of an employee--has refused or failed to agree or consent to, or vote in favour of, the making of an agreement to which an industrial association of which the employee is a member would be a party; or

                     (g)  has made, proposes to make or has at any time proposed to make an application to an industrial body for an order under an industrial law for the holding of a secret ballot; or

                     (h)  has participated in, proposes to participate in or has at any time proposed to participate in a secret ballot ordered by an industrial body under an industrial law; or

                      (i)  is entitled to the benefit of an industrial instrument, an order of an industrial body or the Australian Fair Pay and Conditions Standard; or

                      (j)  has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek:

                              (i)  compliance with that law; or

                             (ii)  the observance of a person's rights under an industrial instrument; or

                     (k)  has participated in, proposes to participate in or has at any time proposed to participate in a proceeding under an industrial law; or

                      (l)  has given or proposes to give evidence in a proceeding under an industrial law; or

                    (m)  in the case of an employee, or an independent contractor, who is a member of an industrial association that is seeking better industrial conditions--is dissatisfied with his or her conditions; or

                     (n)  in the case of an employee or an independent contractor--has absented himself or herself from work without leave if:

                              (i)  the absence was for the purpose of carrying out duties or exercising rights as an officer of an industrial association; and

                             (ii)  the employee or independent contractor applied for leave before absenting himself or herself and leave was unreasonably refused or withheld; or

                     (o)  as an officer or member of an industrial association, has done, or proposes to do, an act or thing for the purpose of furthering or protecting the industrial interests of the industrial association, being an act or thing that is:

                              (i)  lawful; and

                             (ii)  within the limits of an authority expressly conferred on the employee, independent contractor or other person by the industrial association under its rules; or

                     (p)  in the case of an employee or independent contractor--has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee.

             (2)  If:

                     (a)  a threat is made to engage in conduct referred to in subsection 792(1) or (5); and

                     (b)  one of the prohibited reasons in subsection (1) of this section refers to a person doing or proposing to do a particular act, or not doing or proposing not to do a particular act; and

                     (c)  the threat is made with the intent of dissuading or preventing the person from doing the act, or coercing the person to do the act, as the case requires;

the threat is taken to have been made for that prohibited reason.