Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_21
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 21
Character Range: 39731–41655

21  Prohibited conduct—employers

 (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) discriminate against an employee.

 (2) 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 an independent contractor in relation to the terms and conditions of the contract for services;
 (c) alter the position of an independent contractor to the independent contractor's prejudice;
 (d) discriminate against an independent contractor.

 (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:
 (a) under this Schedule that relates to the formation or registration of an association referred to in paragraph 18(1)(b) or (c); or
 (b) in connection with, or in preparation for, such an act or omission.

 (4) The following are examples of acts or omissions to which subsection (3) applies:
 (a) making an application for registration of an employee association under paragraph 18(1)(b) or (c);
 (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);
 (c) participating, or encouraging a person to participate, in proceedings before the Commission in relation to such an application;
 (d) not participating, or encouraging a person not to participate, in such proceedings;
 (e) becoming a member, or encouraging a person to become a member, of an employee association.