Page:Qantas v Transport Workers Union of Australia.pdf/13

Kiefel CJ

Gageler J

Gleeson J

Jagot J Section 340 establishes the prohibition against adverse action. It provides:

"340 Protection

(1) A person must not take adverse action against another person: 1. because the other person:1. has a workplace right; or

2. has, or has not, exercised a workplace right; or

3. proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or

2. 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:

1. exercise or not exercise, or propose to exercise or not exercise, a workplace right; or

2. exercise, or propose to exercise, a workplace right in a particular way. Note: This subsection is a civil remedy provision (see Part 4-1).