Coverage by particular instruments
(1) A person must not discriminate against an employer because: (a) employees of the employer are covered, or not covered, by: (i) provisions of the National Employment Standards; or (ii) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (iii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation; or (b) it is proposed that employees of the employer be covered, or not be covered, by: (i) a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (ii) an enterprise agreement that does, or does not, cover an employee organisation, or a particular employee organisation. Note: This subsection is a civil remedy provision (see Part 4‑1). (2) Subsection (1) does not apply to protected industrial action. (3) A person must not discriminate against a regulated business because: (a) regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument); or (b) it is proposed that regulated workers in relation to the regulated business are covered, or not covered, by a particular type of workplace instrument (including a particular kind of workplace instrument within a type of workplace instrument). Note: This subsection is a civil remedy provision (see Part 4‑1).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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