Section 306S — Fair Work Act 2009: Preventing making of regulated labour hire arrangement orders

(1) A person contravenes this section if: (a) the person is an employer or a regulated host; and (b) the person, either alone or with one or more other persons: (i) enters into a scheme; or (ii) begins to carry out a scheme; or (iii) carries out a scheme; and (c) the person does so for the sole or dominant purpose of preventing the FWC from making a regulated labour hire arrangement order in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (b)); and (d) as a result of that scheme or part of that scheme, the FWC is prevented from making the order. Note: This section is a civil remedy provision (see Part 4-1). (2) In this section: scheme means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.