Section 349 — Fair Work Act 2009: Misrepresentations

(1) A person must not knowingly or recklessly make a false or misleading representation about either of the following: (a) another person’s obligation to engage in industrial activity; (b) another person’s obligation to disclose whether he or she, or a third person: (i) is or is not, or was or was not, an officer or member of an industrial association; or (ii) is or is not engaging, or has or has not engaged, in industrial activity. Note: This subsection is a civil remedy provision (see Part 4-1). (2) Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.