Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_114b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 114B
Character Range: 479156–480885

114B  Persons not to coerce people for payments in relation to periods of industrial action

 (1) A person must not take, or threaten to take, action that would have the effect of directly or indirectly prejudicing the engagement, or possible engagement, of another person as an independent contractor with the intention of coercing the other person to make a payment to an employee of the other person in relation to a day on which the employee engaged or engages in industrial action (whether or not protected action).

Civil remedy provisions

 (2) Subsection (1) is a civil remedy provision.

 (3) The Court may make one or more of the following orders in relation to a person who has contravened subsection (1):
 (a) an order imposing a pecuniary penalty on the person;
 (b) injunctions, and any other orders, that the Court considers necessary to stop the contravention or remedy its effects;
 (c) any other consequential orders.

 (4) The pecuniary penalty under paragraph (3)(a) cannot be more than 300 penalty units for a body corporate or 60 penalty units in any other case.

 (5) An application for an order under subsection (3) may be made by:
 (a) the other person referred to in subsection (1); or
 (b) a workplace inspector; or
 (c) a person who has an interest in the matter; or
 (d) any other person prescribed by the regulations.

Note: For other provisions about civil remedy provisions, see Division 4 of Part VIII.

 (6) A regulation prescribing persons for the purposes of paragraph (5)(d) may limit its application to specified circumstances.

Interpretation

 (7) In this section, a reference to an independent contractor is not confined to a natural person.

Part VI—Awards

Division 1—Preliminary