Section 362 — Fair Work Act 2009 (Cth)

Advising, encouraging, inciting or coercing action

(1) If:

(a) for a particular reason (the first person’s reason), a person advises, encourages or incites, or takes any action with intent to coerce, a second person to take action; and

(b) the action, if taken by the second person for the first person’s reason, would contravene a provision of this Part;

the first person is taken to have contravened the provision.

(2) Subsection (1) does not limit section 550.

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.

Related sections

s 359C — Misrepresentation to engage as casual employee
s 360 — Multiple reasons for action
s 361 — Reason for action to be presumed unless proved otherwise
s 363 — Actions of industrial associations
s 364 — Unincorporated industrial associations
s 365 — Application for the FWC to deal with a dismissal dispute

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