Industrial activities – Division 4

This Division protects freedom of association and involvement in lawful industrial activities.

A person must not take adverse action against another person because the other person:

1. is or is not, or was or was not, an officer or member of an industrial association; or
2. engages, or has at any time engaged or proposed to engage, in industrial activity within the meaning of paragraph 347(a) or (b); or
3. does not engage, or has at any time not engaged or proposed to not engage, in industrial activity within the meaning of paragraphs 347(c) to (g).

Comparison – unlawful termination

The provisions of s.346 are very similar to the provisions of ss.772(1)(b)‒(c) – meaning that if a person is not eligible to make an application for freedom of association under the general protections then the following information may also be relevant to an unlawful termination claim.

A person must not take adverse action against another person for their membership (or not) of an industrial association, and for participating (or not) in industrial activities.

Example

An employer must not refuse to employ a person because they are a member of a union.

There are no exceptions.