Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 354

Coverage by particular instruments

             (1)  A person must not discriminate against an employer because:

                     (a)  employees of the employer are covered, or not covered, by:

                              (i)  provisions of the National Employment Standards; or

                             (ii)  a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or

                            (iii)  an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation; or

                     (b)  it is proposed that employees of the employer be covered, or not be covered, by:

                              (i)  a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or

                             (ii)  an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation.

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

             (2)  Subsection (1) does not apply to protected industrial action.



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