Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 350A

  (1)   The employer of a workplace delegate must not:

  (a)   unreasonably fail or refuse to deal with the workplace delegate; or

  (b)   knowingly or recklessly make a false or misleading representation to the workplace delegate; or

  (c)   unreasonably hinder, obstruct or prevent the exercise of the rights of the workplace delegate under this Act or a fair work instrument.

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

  (2)   To avoid doubt, subsection   (1) applies only in relation to the workplace delegate acting in that capacity.

  (3)   The burden of proving that the conduct of the employer is not unreasonable as mentioned in subsection   (1) lies on the employer.

Exception--conduct required by law

  (4)   Subsection   (1) does not apply in relation to conduct required by or under a law of the Commonwealth or a State or a Territory.