📜 Industrial Relations Legislation Amendment Bill 2021

Contravening stop bullying or sexual harassment order

“51BN. Contravening stop bullying or sexual harassment order An employer must not contravene a stop bullying or sexual harassment order. Penalty for this subsection: a penalty under section 83.”

Serious contravention of entitlement provision or civil penalty provision

“83EA. Serious contravention of entitlement provision or civil penalty provision (1) A person who contravenes an entitlement provision or a civil penalty provision commits a serious contravention if the person knew the contravention was occurring and the contravention was part of a systematic pattern of conduct relating to 1 or more other contraventions of the entitlement provision or civil penalty provision. (2) A person who commits a serious contravention is liable to a penalty of not more than 10 times the penalty that would otherwise apply to the contravention.”

Person must comply with compliance notice

“84T. Person must comply with compliance notice A person to whom a compliance notice is given must comply with the notice. Penalty for this subsection: a penalty under section 83.”

Damaging action because of inquiry or complaint

“97A. Damaging action because of inquiry or complaint An employer must not take damaging action against an employee because the employee has made an inquiry or complaint in relation to their employment. Penalty for this subsection: a penalty under section 83.”

Misrepresenting contract of employment as contract for services

“97D. Misrepresenting contract of employment as contract for services An employer must not represent to an individual that a contract of employment under which the individual is to perform work for the employer is a contract for services. Penalty for this subsection: a penalty under section 83.”

Dismissing to engage under contract for services

“97E. Dismissing to engage under contract for services An employer must not dismiss an employee and then engage the employee as an independent contractor to perform the same or substantially the same work. Penalty for this subsection: a penalty under section 83.”

False statement to engage under contract for services

“97F. False statement to engage under contract for services An employer must not make a statement that the employer knows to be false in order to persuade an employee to enter into a contract for services to perform the same or substantially the same work. Penalty for this subsection: a penalty under section 83.”

Certain advertising prohibited

“97H. Certain advertising prohibited A person must not advertise or publish a statement that indicates an intention to engage an individual as an independent contractor to perform work that would ordinarily be performed by an employee. Penalty for this subsection: a penalty under section 83.”

Information obtained under s. 98 not to be disclosed

“98A. Information obtained under s. 98 not to be disclosed A person must not disclose any information obtained under section 98 unless the disclosure is made for the purposes of this Act or in the performance of a duty under this Act. Penalty for this subsection: a fine of $5 000.”