s343: s 343 No coercion about exercising a workplace right
A person does not organise or take, or threaten to organise or take, any action against another with intent to coerce that person or a third person to exercise or not exercise, or propose to exercise or not, a workplace right, or to exercise it in a particular way (protected industrial action excepted).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s343. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Code of conduct prohibiting pressure on employees about leave, complaints or bargaining choices; Investigation records of coercion complaints; Communications review during bargaining or change processes
What usually goes missing
Threats of consequences if employees make a complaint to the regulator; Pressure to withdraw a flexible work request; Pressure to accept an IFA
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.