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Industrial Relations Act 2016
sec.244Coercion
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### sec.244 Coercion
A person must not take, or refrain from taking, industrial action or other action with intent to coerce someone else to agree, or not to agree, to—
making, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or
approving anything mentioned in paragraph (a) .
This subsection is a civil penalty provision.
Subsection (1) does not apply to industrial action that is protected industrial action.
An employer must not coerce, or attempt to coerce, an employee of the employer—
not to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or
to withdraw the request.
This subsection is a civil penalty provision.
A person must not coerce, or attempt to coerce, an employee—
not to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or
to express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views.
This subsection is a civil penalty provision.
In this section—
take or refrain from taking includes threaten to take or refrain from taking.
(sec.244-ssec.1) A person must not take, or refrain from taking, industrial action or other action with intent to coerce someone else to agree, or not to agree, to— making, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or approving anything mentioned in paragraph (a) . This subsection is a civil penalty provision.
(sec.244-ssec.2) Subsection (1) does not apply to industrial action that is protected industrial action.
(sec.244-ssec.3) An employer must not coerce, or attempt to coerce, an employee of the employer— not to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or to withdraw the request. This subsection is a civil penalty provision.
(sec.244-ssec.4) A person must not coerce, or attempt to coerce, an employee— not to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or to express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views. This subsection is a civil penalty provision.
(sec.244-ssec.5) In this section— take or refrain from taking includes threaten to take or refrain from taking.
- (a) making, amending or terminating, or extending the nominal expiry date of, a bargaining instrument; or
- (b) approving anything mentioned in paragraph (a) .
- (a) not to make a request mentioned in section 171 (2) (c) in relation to a proposed bargaining instrument; or
- (b) to withdraw the request.
- (a) not to express to an organisation the employee’s views about proposed industrial action before it is engaged in; or
- (b) to express to an organisation views about proposed industrial action before it is engaged in that are different from the employee’s views.