Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 344

Undue influence or pressure

    An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to:

  (a)   make, or not make, an agreement or arrangement under the National Employment Standards; or

  (b)   make, or not make, an agreement or arrangement under a term of a modern award or enterprise agreement that is permitted to be included in the award or agreement under subsection   55(2); or

  (c)   agree to, or terminate, an individual flexibility arrangement; or

  (d)   accept a guarantee of annual earnings; or

  (e)   agree, or not agree, to a deduction from amounts payable to the employee in relation to the performance of work.

Note 1:   This section is a civil remedy provision (see Part   4 - 1).

Note 2:   This section can apply to decisions whether to consent to performing work on keeping in touch days (see subsection   79A(3)).



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