Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_260:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 260 (pt 2/2)
Character Range: 760906–763108

or failed to comply with a direction given by the association; or
 (iv) has not paid, or does not propose to pay, a fee (however described) to an industrial association; or
 (v) has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek compliance with that law; or
 (vi) has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek the observance of a person's rights under an industrial instrument; or
 (c) take, or threaten to take, industrial action against an eligible person with intent to coerce the eligible person, or any person employed or engaged by the eligible person:
 (i) to become, or to remain, a member of an industrial association; or
 (ii) not to become, or not to remain, a member of an industrial association; or
 (iii) to comply with a direction given by the association.

 (3) Subsection (2) is a civil remedy provision.

Note: See Division 9 for enforcement.

 (4) For the avoidance of doubt, nothing in subsection (2) prevents an industrial association from entering into an agreement or arrangement with another person for the supply of goods or services to members of the industrial association (including the supply on particular terms or conditions).

 (5) An industrial association, or an officer or member of an industrial association, must not:
 (a) advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person for a prohibited reason; or
 (b) take, or threaten to take, industrial action against a person (whether an employer or not) with intent to coerce the person to take discriminatory action against an eligible person for a prohibited reason; or
 (c) take, or threaten to take, industrial action against an eligible person for a prohibited reason.

 (6) Subsection (5) is a civil remedy provision.

Note: See Division 9 for enforcement.

 (7) Conduct mentioned in subsection (5) is carried out for a prohibited reason if it is carried out because the eligible person concerned has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee.