Fair Work (Registered Organisations) Act 2009

An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

dismiss an employee;

injure an employee in his or her employment;

alter the position of an employee to the employee’s prejudice;

discriminate against an employee.

A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

terminate a contract for services that he or she has entered into with an independent contractor;

injure an independent contractor in relation to the terms and conditions of the contract for services;

alter the position of an independent contractor to the independent contractor’s prejudice;

discriminate against an independent contractor.

Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:

under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or

in connection with, or in preparation for, such an act or omission.

The following are examples of acts or omissions to which subsection (3) applies:

making an application for registration of an employee association under paragraph 18(b) or (c);

supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);

participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;

not participating, or encouraging a person not to participate, in such proceedings;

becoming a member, or encouraging a person to become a member, of an employee association.