Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_260:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 260 (pt 1/2)
Character Range: 758545–761124

260  Industrial associations acting against independent contractors etc.

 (1) In this section:

discriminatory action, in relation to an eligible person, means:
 (a) a refusal to make use of, or to agree to make use of, services offered by the eligible person; or
 (b) a refusal to supply, or to agree to supply, goods or services to the eligible person; or
 (c) threatening to refuse as mentioned in paragraph (a) or (b).

eligible person means a person who is not an employee, but who:
 (a) is eligible to become a member of an industrial association; or
 (b) would be eligible to become a member of an industrial association if he or she were an employee.

 (2) An industrial association, or an officer or member of an industrial association, must not:
 (a) advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person because the eligible person, or any person employed or engaged by the eligible person:
 (i) is, has been, proposes to become or has at any time proposed to become, a member of an industrial association; or
 (ii) is not, proposes not to become or proposes to cease to be, a member of an industrial association; or
 (iii) is a member of an industrial association who has refused or failed to comply with a direction given by the association; or
 (iv) has not paid, or does not propose to pay, a fee (however described) to an industrial association; or
 (v) has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek compliance with that law; or
 (vi) has made or proposes to make any inquiry or complaint to a person or body having the capacity under an industrial law to seek the observance of a person's rights under an industrial instrument; or
 (b) take, or threaten to take, industrial action against a person (whether an employer or not) with intent to coerce the person to take discriminatory action against an eligible person because the eligible person, or any person employed or engaged by the eligible person:
 (i) is, has been, proposes to become or has at any time proposed to become, a member of an industrial association; or
 (ii) is not, proposes not to become or proposes to cease to be, a member of an industrial association; or
 (iii) is a member of an industrial association who has refused or failed to comply with a direction given by the association; or
 (iv) has not paid, or does not propose to pay, a fee (however described) to an industrial association; or
 (v) has made or proposes to make any inquiry