Document ID: chunk:federal_register_of_legislation:C2023A00120:clause:1_306s
Version: federal_register_of_legislation:C2023A00120
Segment Type: clause
Provision Reference: sch 1 cl 306S
Character Range: 70773–71861

306S  Preventing making of regulated labour hire arrangement orders
 (1) A person contravenes this section if:
 (a) the person is an employer or a regulated host; and
 (b) the person, either alone or with one or more other persons:
 (i) enters into a scheme; or
 (ii) begins to carry out a scheme; or
 (iii) carries out a scheme; and
 (c) the person does so for the sole or dominant purpose of preventing the FWC from making a regulated labour hire arrangement order in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (b)); and
 (d) as a result of that scheme or part of that scheme, the FWC is prevented from making the order.
Note: This section is a civil remedy provision (see Part 4‑1).
 (2) In this section:
scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.