Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 338

  (1)   This Part applies to the following action:

  (a)   action taken by a constitutionally - covered entity;

  (b)   action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally - covered entity;

  (c)   action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally - covered entity:

  (i)   to take, or not take, particular action in relation to another person; or

  (ii)   to threaten to take, or not take, particular action in relation to another person;

  (d)   action taken in a Territory or a Commonwealth place;

  (e)   action taken by:

  (i)   a trade and commerce employer; or

  (ii)   a Territory employer;

    that affects, is capable of affecting or is taken with intent to affect an employee of the employer;

  (f)   action taken by an employee of:

  (i)   a trade and commerce employer; or

  (ii)   a Territory employer;

    that affects, is capable of affecting or is taken with intent to affect the employee's employer.

  (2)   Each of the following is a constitutionally - covered entity :

  (a)   a constitutional corporation;

  (b)   the Commonwealth;

  (c)   a Commonwealth authority;

  (d)   a body corporate incorporated in a Territory;

  (e)   an organisation.

  (3)   A trade and commerce employer is a national system employer within the meaning of paragraph   14(d).

  (4)   A Territory employer is a national system employer within the meaning of paragraph   14(f).