Kiefel CJ
Gageler J
Gleeson J
Jagot J
9.
23 Section 340 establishes the prohibition against adverse action. It provides:
"340 Protection
(1) A person must not take adverse action against another person:
- (a) because the other person:
- (i) has a workplace right; or
- (ii) has, or has not, exercised a workplace right; or
- (iii) proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
- (b) to prevent the exercise of a workplace right by the other person.
- Note: This subsection is a civil remedy provision (see Part 4-1).
(2) A person must not take adverse action against another person (the second person) because a third person has exercised, or proposes or has at any time proposed to exercise, a workplace right for the second person's benefit, or for the benefit of a class of persons to which the second person belongs.
- Note: This subsection is a civil remedy provision (see Part 4-1)."
24 Section 343 provides:
"343 Coercion
(1) A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person, or a third person, to:
- (a) exercise or not exercise, or propose to exercise or not exercise, a workplace right; or
- (b) exercise, or propose to exercise, a workplace right in a particular way.
- Note: This subsection is a civil remedy provision (see Part 4-1).
