Kiefel CJ
Gageler J
Gleeson J
Jagot J
9.
Section 340 establishes the prohibition against adverse action. It provides:
"340 Protection
(1) A person must not take adverse action against another person:
- because the other person:
- has a workplace right; or
- has, or has not, exercised a workplace right; or
- proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
- 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)."
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:
- exercise or not exercise, or propose to exercise or not exercise, a workplace right; or
- exercise, or propose to exercise, a workplace right in a particular way.
Note: This subsection is a civil remedy provision (see Part 4-1).