Document ID: chunk:federal_register_of_legislation:C2025C00150:section:338
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 338
Character Range: 944145–945649

338  Action to which this Part applies
 (1) This Part applies to the following action:
 (a) action taken by a constitutionally‑covered entity;
 (b) action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally‑covered entity;
 (c) action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally‑covered entity:
 (i) to take, or not take, particular action in relation to another person; or
 (ii) to threaten to take, or not take, particular action in relation to another person;
 (d) action taken in a Territory or a Commonwealth place;
 (e) action taken by:
 (i) a trade and commerce employer; or
 (ii) a Territory employer;
  that affects, is capable of affecting or is taken with intent to affect an employee of the employer;
 (f) action taken by an employee of:
 (i) a trade and commerce employer; or
 (ii) a Territory employer;
  that affects, is capable of affecting or is taken with intent to affect the employee's employer.
 (2) Each of the following is a constitutionally‑covered entity:
 (a) a constitutional corporation;
 (b) the Commonwealth;
 (c) a Commonwealth authority;
 (d) a body corporate incorporated in a Territory;
 (e) an organisation.
 (3) A trade and commerce employer is a national system employer within the meaning of paragraph 14(d).
 (4) A Territory employer is a national system employer within the meaning of paragraph 14(f).