Section 344 — Fair Work Act 2009: Undue influence or pressure

An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to: (a) make, or not make, an agreement or arrangement under the National Employment Standards; or (b) make, or not make, an agreement or arrangement under a term of a modern award or enterprise agreement that is permitted to be included in the award or agreement under subsection 55(2); or (c) agree to, or terminate, an individual flexibility arrangement; or (d) accept a guarantee of annual earnings; or (e) agree, or not agree, to a deduction from amounts payable to the employee in relation to the performance of work. Note 1: This section is a civil remedy provision (see Part 4-1). Note 2: This section can apply to decisions whether to consent to performing work on keeping in touch days (see subsection 79A(3)).