Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_104
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 104
Character Range: 337874–339270

104  Coercion and duress

 (1) A person must not:
 (a) engage in or organise, or threaten to engage in or organise, any industrial action; or
 (b) take, or threaten to take, other action; or
 (c) refrain, or threaten to refrain, from taking any action;
with intent to coerce another person to agree, or not to agree, to make, approve, lodge, vary or terminate a collective agreement.

 (2) Subsection (1) does not apply to protected action (within the meaning of section 108).

 (3) A person must not coerce, or attempt to coerce, an employer or employee in relation to an AWA:
 (a) to appoint, or not to appoint, a particular person as a bargaining agent under subsection 97A(1); or
 (b) to terminate the appointment of a bargaining agent appointed under subsection 97A(1).

 (4) A person must not coerce, or attempt to coerce, an employee of an employer:
 (a) not to make a request mentioned in subsection 97B(1) or (2) in relation to a collective agreement; or
 (b) to withdraw such a request.

 (5) A person must not apply duress to an employer or employee in connection with an AWA.

 (6) To avoid doubt, a person does not apply duress for the purposes of subsection (5) merely because the person requires another person to make an AWA as a condition of engagement.

 (7) Subsections (1), (3), (4) and (5) are civil remedy provisions.

Note: See Division 11 for provisions on enforcement.