Document ID: chunk:federal_register_of_legislation:C2025C00150:section:354
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 354
Character Range: 978853–980459

354  Coverage by particular instruments
 (1) A person must not discriminate against an employer because:
 (a) employees of the employer are covered, or not covered, by:
 (i) provisions of the National Employment Standards; or
 (ii) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or
 (iii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation; or
 (b) it is proposed that employees of the employer be covered, or not be covered, by:
 (i) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or
 (ii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation.
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (2) Subsection (1) does not apply to protected industrial action.
 (3) A person must not discriminate against a regulated business because:
 (a) regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or
 (b) it is proposed that regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument).
Note: This subsection is a civil remedy provision (see Part 4‑1).