Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Cash. There is no transfer of powers. The powers already exist in the Fair Work Act. The Fair Work Ombudsman is an independent and well-resourced regulator who we expect to do that job.

The key relevant general protections in the Fair Work Act are part 3-1, division 4, about inclusive activities. Section 346 says:

A person must not take adverse action against another person because the other person:

…   …   …

(c) does not engage, or has at any time not engaged or proposed to not engage, in industrial activity within the meaning of paragraphs 347(c) to (g).

Section 347 says:

A person engages in industrial activity if the person:

…   …   …

(e) complies with an unlawful request made by, or requirement of, an industrial association; or

Section 348, about coercion, says:

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 engage in industrial activity.

The penalty for that is 60 penalty units, and section 539 of the Fair Work Act can make application to enforce.