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COMMONWEALTHAct
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s 105

What is discriminatory conduct

In force
Part 6Discriminatory, coercive and misleading conduct
Division 1Prohibition of discriminatory, coercive or misleading conduct

105 What is discriminatory conduct

(1)

For the purposes of this Part, a person engages in discriminatory conduct if:

(a)

the person:

(i)

dismisses a worker; or

(ii)

terminates a contract for services with a worker; or

(iii)

puts a worker to his or her detriment in the engagement of the worker; or

(iv)

alters the position of a worker to the worker’s detriment; or

(b)

the person:

(i)

refuses or fails to offer to engage a prospective worker; or

(ii)

treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement; or

(c)

the person terminates a commercial arrangement with another person; or

(d)

the person refuses or fails to enter into a commercial arrangement with another person.

(2)

For the purposes of this Part, a person also engages in discriminatory conduct if the person organises to take any action referred to in subsection (1) or threatens to organise or take that action.

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