Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_253
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 253
Character Range: 745183–747419

253  Dismissal etc. of members of industrial associations etc.

 (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) refuse to employ another person as an employee;
 (e) discriminate against another person in the terms or conditions on which the employer offers to employ the other person as an employee.

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

Note: See Division 9 for enforcement.

 (3) For the purposes of paragraph (1)(d), an employer does not refuse to employ another person if the employer does not intend to employ anyone.

 (3A) An employer does not contravene subsection (1) because of paragraph 254(1)(i) unless the entitlement described in that paragraph is the sole or dominant reason for the employer doing any of the things described in paragraphs (1)(a), (b), (c), (d) and (e) of this section.

 (4) 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 the independent contractor in relation to the terms and conditions of the contract for services;
 (c) alter the position of the independent contractor to the independent contractor's prejudice;
 (d) refuse to engage another person as an independent contractor;
 (e) discriminate against another person in the terms or conditions on which the person offers to engage the other person as an independent contractor.

 (5) Subsection (4) is a civil remedy provision.

Note: See Division 9 for enforcement.

 (6) For the purposes of paragraph (4)(d), a person does not refuse to engage another person if the person does not intend to engage anyone.

 (7) A person does not contravene subsection (4) because of paragraph 254(1)(i) unless the entitlement described in that paragraph is the sole or dominant reason for the person doing any of the things described in paragraphs (4)(a), (b), (c), (d) and (e) of this section.