Coercion is the application of pressure to force a party to do something that they do not want to do.
What is illegal coercive action for union officials?
It is illegal to organise or take action, or threaten to take action, to coerce someone to make a decision on workplace issues. These include:
- to employ or not employ someone
- allocate particular responsibilities to someone
- sign a workplace agreement
- terminate a workplace agreement
- use a particular superannuation fund.
What is illegal coercive action for employers?
It is illegal for an employer to:
- take adverse action against an employee because they are, or are not, a member of a union
- induce an employee to become, or not become, a member of a union
- apply pressure on an employee to make, or withdraw, a request for union representation during discussions for a proposed building agreement.
What are the maximum penalties?
- up to $22,000 for individuals and up to $110,000 for a body corporate per breach of the BCII Act
- up to $6600 for individuals and up to $33,000 for a body corporate per breach of the FW Act.
A court may also order compensation to be paid or issue an injunction to stop the illegal behaviour from occurring.