Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:
(a) dismiss an employee;
(b) injure an employee in his or her employment;
(c) alter the position of an employee to the employee's prejudice;
(d) discriminate against an employee.
(2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:
(a) terminate a contract for services that he or she has entered into with an independent contractor;
(b) injure an independent contractor in relation to the terms and conditions of the contract for services;
(c) alter the position of an independent contractor to the independent contractor's prejudice;
(d) discriminate against an independent contractor.
(3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:
(a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or
(b) in connection with, or in preparation for, such an act or omission.
(4) The following are examples of acts or omissions to which subsection (3) applies:
(a) making an application for registration of an employee association under paragraph 18(b) or (c);
(b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);
(c) participating, or encouraging a person to participate, in proceedings before FWA in relation to such an application;
(d) not participating, or encouraging a person not to participate, in such proceedings;
(e) becoming a member, or encouraging a person to become a member, of an employee association.
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