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Schedule 4—Prohibiting coerced payments to employee benefit funds

Schedule 4 Prohibiting coerced payments to employee benefit funds

   

Fair Work Act 2009

1  After section 355

Insert:

355A   Coercion—payments to employee benefit funds

             (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 pay an amount to a fund covered by subsection (3).

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  Subsection (1) does not apply to protected industrial action.

             (3)  The following funds are covered by this subsection:

                     (a)  a superannuation fund;

                     (b)  a fund the purposes of which are or include paying for or providing training to members of one or more organisations or to employees generally;

                     (c)  a fund the purposes of which are or include paying for or providing welfare services to members of one or more organisations or to employees generally;

                     (d)  a fund the purposes of which are or include paying for or providing life insurance cover or disability insurance cover to members of one or more organisations or to employees generally;

                      (f)  a fund for a managed investment scheme (within the meaning of the Corporations Act 2001 ), if:

                              (i)  the scheme is promoted or arranged by an organisation or a related party (within the meaning of the Registered Organisations Act) of an organisation; and

                             (ii)  the scheme is for the purposes of, or for purposes that include, managing financial risk; and

                            (iii)  employees of a national system employer benefit or may benefit from the scheme if specified events occur in relation to the employees; and

                            (iv)  the national system employer is a member of, or makes payments in relation to, the scheme.

2  After paragraph 355A(3)(d)

Insert:

                     (e)  a worker entitlement fund;

3  Subsection 539(2) (after table item 11)

Insert:

 

11A

355A(1)

(a) a person affected by the contravention;

(b) an industrial association;

(c) an inspector;

(d) the Registered Organisations Commissioner

(a) the Federal Court;

(b) the Federal Circuit Court

60 penalty units