Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_259
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 259
Character Range: 756942–758545

259  Industrial associations acting against members

 (1) An industrial association, or an officer or member of an industrial association, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the association:
 (a) with intent to coerce the member to join in industrial action; or
 (b) because the member has refused or failed to join in industrial action; or
 (c) because the member has made, proposes to make, or has at any time proposed to make, an application to an industrial body for an order under an industrial law for the holding of a secret ballot; or
 (d) because the member has participated in, proposes to participate in, or has at any time proposed to participate in, a secret ballot ordered by an industrial body under an industrial law; or
 (e) because the member has made, or proposes to make, any inquiry or complaint to a person or body having the capacity under an industrial law to seek:
 (i) compliance with that law; or
 (ii) the observance of a person's rights under an industrial instrument; or
 (f) because the member has refused or failed to agree or consent to, or vote in favour of, the making of an agreement to which the industrial association would be a party; or
 (g) because the member has participated in, proposes to participate in, or has at any time proposed to participate in, a proceeding under an industrial law; or
 (h) because the member has given, or proposes to give, evidence in a proceeding under an industrial law.

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

Note: See Division 9 for enforcement.