Amalgamated organisation not to penalise members etc
131 Amalgamated organisation not to penalise members etc
The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:
a member or officer of the organisation; or
a branch, or other part, of the organisation;
because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.
The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):
an order imposing on a person whose conduct contravenes that subsection a penalty of not more than:
in the case of a body corporate—100 penalty units; or
in any other case—20 penalty units;
an order requiring the person not to carry out a threat made by the person, or not to make any further threat;
injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;
any other consequential orders.
An application for an order under subsection (2) may be made by:
a person against whom the conduct is being, has been, or is threatened to be, taken; or
any other person prescribed by the regulations.
For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:
the committee of management of the amalgamated organisation;
an officer or agent of the amalgamated organisation acting in that capacity;
a member or group of members of the amalgamated organisation acting under the rules of the organisation;
a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.
Paragraphs (4)(c) and (d) do not apply if:
a committee of management of the amalgamated organisation; or
a person authorised by the committee; or
an officer of the amalgamated organisation;
has taken reasonable steps to prevent the action.
In this section:
amalgamated organisation includes a branch of an amalgamated organisation.
officer, in relation to an amalgamated organisation, includes:
a delegate or other representative of the organisation; and
an employee of the organisation.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Fair Work (Registered Organisations) Regulations 2009 · under sch 1B (s 359)
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