Prohibited conduct in relation to reform opt‑in agreements
34 Prohibited conduct in relation to reform opt‑in agreements
A person must not:
take or threaten to take any action; or
refrain, or threaten to refrain, from taking any action;
with intent to coerce another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement.
A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement.
If a person breaches subsection (1) or (2), a penalty may be imposed by the Court.
The maximum penalty that may be imposed under subsection (3) for a breach of subsection (1) or (2) is:
300 penalty units for a body corporate; or
60 penalty units in other cases.
An application to the Court for the imposition of a penalty under subsection (3) may be made by:
a Fair Work Inspector; or
the targeted person; or
an organisation of employees, or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person.
A penalty imposed under subsection (3) is payable to the Commonwealth, or to some other person if the Court so directs.
Division 4 of Part 4‑1 of the Fair Work Act 2009 has effect as if a breach of subsection (1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.
This Act’s bill:Explanatory memorandumSecond reading speech
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