Section 338 — Fair Work Act 2009: Action to which this Part applies

(1) This Part applies to the following action: (a) action taken by a constitutionally-covered entity; (b) action that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a constitutionally-covered entity; (c) action that consists of advising, encouraging or inciting, or action taken with intent to coerce, a constitutionally-covered entity: (i) to take, or not take, particular action in relation to another person; or (ii) to threaten to take, or not take, particular action in relation to another person; (d) action taken in a Territory or a Commonwealth place; (e) action taken by: (i) a trade and commerce employer; or (ii) a Territory employer; that affects, is capable of affecting or is taken with intent to affect an employee of the employer; (f) action taken by an employee of: (i) a trade and commerce employer; or (ii) a Territory employer; that affects, is capable of affecting or is taken with intent to affect the employee’s employer. (2) Each of the following is a constitutionally-covered entity: (a) a constitutional corporation; (b) the Commonwealth; (c) a Commonwealth authority; (d) a body corporate incorporated in a Territory; (e) an organisation. (3) A trade and commerce employer is a national system employer within the meaning of paragraph 14(d). (4) A Territory employer is a national system employer within the meaning of paragraph 14(f).