Document ID: chunk:federal_register_of_legislation:C2024C00351:section:34
Version: federal_register_of_legislation:C2024C00351
Segment Type: section
Provision Reference: s 34
Character Range: 30658–32120

34  Prohibited conduct in relation to reform opt‑in agreements
 (1) A person must not:
 (a) take or threaten to take any action; or
 (b) refrain, or threaten to refrain, from taking any action;
with intent to coerce another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement.
 (2) A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement.
 (3) If a person breaches subsection (1) or (2), a penalty may be imposed by the Court.
 (4) The maximum penalty that may be imposed under subsection (3) for a breach of subsection (1) or (2) is:
 (a) 300 penalty units for a body corporate; or
 (b) 60 penalty units in other cases.
 (5) An application to the Court for the imposition of a penalty under subsection (3) may be made by:
 (a) a Fair Work Inspector; or
 (b) the targeted person; or
 (c) an organisation of employees, or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person.
 (6) A penalty imposed under subsection (3) is payable to the Commonwealth, or to some other person if the Court so directs.
 (7) Division 4 of Part 4‑1 of the Fair Work Act 2009 has effect as if a breach of subsection (1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.