s346-350: ss 346 to 350 Protect freedom of association and industrial activity
A person does not take adverse action against another because the person is or is not a member or officer of an industrial association, engages in lawful industrial activity (joining or not joining, establishing, organising or participating in lawful activities, representing views, paying fees, seeking representation) or declines to engage in unlawful activity, industrial action or prohibited payments (s 346); does not coerce anyone to engage in industrial activity (s 348); does not knowingly or recklessly misrepresent another's obligation to engage in industrial activity or to disclose membership or activity (s 349); and an employer does not induce an employee (or a principal a contractor) to join, not join, remain in or leave an industrial association (s 350).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s346-350. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Policy recognising employees' freedom to join or not join a union; Records showing no membership questions in recruitment; Investigation records of freedom of association complaints
What usually goes missing
Recruitment forms asking about union membership; Incentives offered for leaving a union; Union delegates excluded from overtime
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.