Commonwealth Consolidated Acts

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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 21

Prohibited conduct--employers

  (1)   An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

  (a)   dismiss an employee;

  (b)   injure an employee in his or her employment;

  (c)   alter the position of an employee to the employee's prejudice;

  (d)   discriminate against an employee.

  (2)   A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:

  (a)   terminate a contract for services that he or she has entered into with an independent contractor;

  (b)   injure an independent contractor in relation to the terms and conditions of the contract for services;

  (c)   alter the position of an independent contractor to the independent contractor's prejudice;

  (d)   discriminate against an independent contractor.

  (3)   Conduct referred to in subsection   (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:

  (a)   under this Act that relates to the formation or registration of an association referred to in paragraph   18(b) or (c); or

  (b)   in connection with, or in preparation for, such an act or omission.

  (4)   The following are examples of acts or omissions to which subsection   (3) applies:

  (a)   making an application for registration of an employee association under paragraph   18(b) or (c);

  (b)   supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);

  (c)   participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;

  (d)   not participating, or encouraging a person not to participate, in such proceedings;

  (e)   becoming a member, or encouraging a person to become a member, of an employee association.



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