Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not:
(a) take or threaten to take any action; or
(b) refrain, or threaten to refrain, from taking any action;
with intent to coerce another person (the targeted person ) to enter into, or to not enter into, a reform opt - in agreement.
(2) A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person ) to enter into, or to not enter into, a reform opt - in agreement.
(3) If a person breaches subsection (1) or (2), a penalty may be imposed by the Court.
(4) The maximum penalty that may be imposed under subsection (3) for a breach of subsection (1) or (2) is:
(a) 300 penalty units for a body corporate; or
(b) 60 penalty units in other cases.
(5) An application to the Court for the imposition of a penalty under subsection (3) may be made by:
(a) a Fair Work Inspector; or
(b) the targeted person; or
(c) an organisation of employees , or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person.
(6) A penalty imposed under subsection (3) is payable to the Commonwealth, or to some other person if the Court so directs.
(7) Division 4 of Part 4 - 1 of the Fair Work Act 2009 has effect as if a breach of subsection (1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.