34Prohibited conduct in relation to reform opt‑in agreements

34 Prohibited conduct in relation to reform opt‑in agreements

(1) A person must not: (a) take or threaten to take any action; or (b) refrain, or threaten to refrain, from taking any action; with intent to coerce another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement. (2) A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person) to enter into, or to not enter into, a reform opt‑in agreement. (3) If a person breaches subsection (1) or (2), a penalty may be imposed by the Court. (4) The maximum penalty that may be imposed under subsection (3) for a breach of subsection (1) or (2) is: (a) 300 penalty units for a body corporate; or (b) 60 penalty units in other cases. (5) An application to the Court for the imposition of a penalty under subsection (3) may be made by: (a) a Fair Work Inspector; or (b) the targeted person; or (c) an organisation of employees, or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person. (6) A penalty imposed under subsection (3) is payable to the Commonwealth, or to some other person if the Court so directs. (7) Division 4 of Part 4‑1 of the Fair Work Act 2009 has effect as if a breach of subsection (1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.