Page:Qantas v Transport Workers Union of Australia.pdf/14

Kiefel CJ

Gageler J

Gleeson J

Jagot J

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

Section 345 provides:

"345 Misrepresentations

(1) A person must not knowingly or recklessly make a false or misleading representation about: 1. the workplace rights of another person; or

2. the exercise, or the effect of the exercise, of a workplace right by another person. Note: This subsection is a civil remedy provision (see Part 4‑1).

(2) Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it."

The operation of Pt 3-1 is supported by ancillary rules in Div 7 of that Part. For the purposes of the Part, a person "takes action for a particular reason if the reasons for the action include that reason". Section 361 provides:

"361 Reason for action to be presumed unless proved otherwise

(1) If:

1. in an application in relation to a contravention of this Part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and

2. taking that action for that reason or with that intent would constitute a contravention of this Part; it is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.

(2) Subsection (1) does not apply in relation to orders for an interim injunction."